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Councillors bill tops €920k in 2012

CLARE’S county councillors cost the taxpayer almost € 920,000 in salaries and expenses last year.

According to accounts published by Clare County Council, 31 of the 32 councillors claimed expenses totalling € 381,664.12; this does not include the € 16,724 salary paid to each member of the council.

From the expenses listed a total of € 112, 580.99 was paid in conference allocations.

This included trips to one-, twoand three-day conferences all over Ireland including different parts of Donegal, Dublin, Mayo Waterford, Cavan, Cork and Down.

Among the many conferences attended were conferences on ‘Utilising your Tax Entitlements and Relief’, ‘Understanding EU funding and functions’, ‘Personal Injuries’, ‘Dr Garret Fitzgerald Spring Seminar’ and ‘Local Media and the Councillor’.

Councillors have also claimed for mobile phones, stationary, computers and repairs to lap tops under this category, although this makes up a very small percentage of the overall allocation.

Councillors also receive allocations for mobile phone use, which varies from councillor to councillor and was reduced in July 2012.

An allowance for attending meetings, replacing the old milage system, is also paid as are special allowances to the mayor, deputy mayor and those serving as chairperson of a Strategic Policy Committee.

Councillors appointed to the VEC, HSE West Forum and other public bodies are also entitled to claim expenses from these bodies, which is not included in this county council figures.

While the position of county councillor is not considered a full-time job, a number of Clare’s local elected representatives have decided to become full-time elected representatives.

The majority of members however also have another form of income through employment, business, farming or are retired professionals.

All councillors are required to pay tax and PRSI on their council “salary”.

Just one member of the council, Cllr Johnny Flynn (FG), does not claim any expenses as a member of Clare County Council or as a member of Ennis Town Council.

He is frustrated however that he cannot reallocate this money saved to projects and issues within the community.

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€7.1m flood relief work soon to start in Ennis

WORK on a € 7.1m project aimed at improving flood defences in Ennis is expected to get underway next month.

On Thursday, Brian Hayes, Minister of State at the Department of Finance (OPW), signed a contract with Wills Bros Ltd of Foxford, Co Mayo, for the construction of a major flood defence scheme in Ennis, County Clare.

Work on the River Fergus Lower (Certified) Drainage Scheme Contract will commence in March and will see flood defences being installed from Bank Place Bridge in the town centre to Doora Bridge in Clarecastle. The € 7.1m project will take approximately 18 months to complete and will lead to the protec- tion of 849 residential and 425 nonresidential properties on completion.

Welcoming today’s contract signing, Mayor of Ennis Cllr Peter Considine stated, “This development comes as a major boost to residents and businesses located along the banks of the River Fergus, particularly those badly affected by severe flooding in November 2009. I would like to compliment the OPW for its commitment to bringing this project to fruition and ensuring that adequate flood defences are provided in Munster’s largest town. We have already witnessed the benefits of flood defence works in the Abbey Street car park and I look forward to other parts of the town and its environs benefiting from the proposed scheme.”

The scheduled works complement a number of other schemes identified in the Ennis Main Drainage and Flood Study Preliminary Report.

Last month, Ennis Town Council signed a contract for flood relief works to be carried out in the Watery Road / Elm Park area of the town. The € 307,000 (approx) project involves the construction of 400 metres of new river embankment and a pump station.

Elsewhere, Ennis Town Council says it expects that the tender documents for the proposed Foiruisce Scheme will be completed and forwarded to the OPW in the coming weeks and that the tender process will commence during March. Meanwhile, the documents for the Ennis South Flood Relief Scheme (St Flannan’s/Tobairteascain – Ballybeg Lake Flood Relief Works) are currently with An Bord Pleanala and the council is awaiting its determination.

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Council budgets €1.25m a year for councillors

A TOTAL of € 1.25 million is allocated in the council budget for Clare councillors’ wages, expenses, allocations and support cost.

The majority of that sum, € 916,832.12, was paid to councillors in the form of wages, expenses and allowances.

Among the higher earners for the year were the two mayors – Cllr Pat Hayes (FF), that served from January to June, and the current mayor Cllr Pat Daly (FF), that took over as first citizen in June.

As well as their basic annual allowance as a councillor of € 16, 724, they also received a mayor’s allowance of € 13, 500. Both payments are subject to taxation.

Among the expenses listed on Cllr Hayes’ accounts was a € 1, 535.56 subsistence allowance for a weeklong tourism promotion trip to New York in March, including St Patrick’s Day.

Cllr Patricia McCarthy (Ind) received the third highest payment of € 37,784.72. The Shannon councillor’s payment includes an allowance of € 6,000 as chairperson of a Strategic Policy Committee and € 4,500 as chair of the County Development Board.

Councillor Richard Nagle (FF) also received an allowance of € 6,000 as chairperson of another SPC and € 1, 500 for chairing the County Development Board.

Cllr John Crowe (FG) received an allowance of € 5,870 as chairperson of an SPC, as did the sixth highest recipient, Cllr Joe Cooney (FG), who received € 6,000 as chair of a SPC.

As well as payments of almost € 920,000 to councillors, a budget of almost € 250,000 is set aside for support costs provided by council staff and the offices.

Councillors can claim up to a maximum of € 4,700 in expenses and € 6,156 to attend conferences.

Just one councillor, Cllr Christy Curtin (Ind), noted the tax and PRSI paid on his council income. Including PAYE on salary, PRSI, universal social charge, pension levy, the deduction totalled € 5,100.

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MEPs told to give Clare farmers their fair share

FARMERS in Clare need a fairer share of the common agricultural pie, as farmers in the Banner are currently receiving half the amount paid to the east coast, Clare councillors have argued.

The three MEPs Mr Gallagher (FF), Jim Higgins (FG) and Marian Harkin (Ind) attended a meeting with Clare’s county councillors to discuss a number of issues including the reform of the Common Agricultural Policy (CAP).

Cllr Pat Hayes (FF) told the meeting “ultimately the decision made in Europe will have a huge impact here in Clare”.

He said the average CAP payment in Mr Gallagher’s county of Donegal was € 6,112; in Mayo, where Mr Higgins is from, the payment is € 5,373; and here in County Clare the average payment is approximately € 8,000.

The figures in the west coast he argued are significantly less when compared to Waterford where the average payment is € 16,000 and counties such as Kildare and Kilkenny where the payment are at € 15,000.

“The people in the west of Ireland did not choose the land they got,” he argued and the system should be more equitable.

Cllr Richard Nagle (FF) said, “I think there is a much more favourable and amicable payment to be had. Farmers on better land get almost twice the payment than the west of Ireland.”

Cllr Pat Burke (FG), who is also a farmer, said he disagreed with any suggestion of a flat payment per hectare.

He argued that the payment should go to active farmers, and not to farm- ers who have set down the land.

Mr Gallagher told the meeting that times have changed and so has Europe’s attitude to CAP in the last two years.

“If I were here two years ago I would say I was very concerned as it was said CAP would be reduced by 35 per cent. There was a time when only rural areas were in support of CAP,” he said.

He said that urban areas now see the importance of the market and are also supporting the Common Agricultural Policy.

“We want to ensure that Ireland gets a fair share of that.”

Mr Higgins said that the allocation under CAP is reduced only slightly for the period 2014 to 2020.

“One of the things that is crucial is that we project direct payments,” he said.

He added that there is also a proposal supported by Germany that young farmers will get a 25 per cent “top up”.

Ms Harkin, who is a member of the Agricultural Committee, said that the cut to REPS has been significant. “A lot of farmers have been cut off at the knee.”

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Suspended sentence for mother of seven who lacked fundamental parenting skills

A WOMAN whom a Judge described as having deprived her children of a childhood yesterday walked free from court after receiving a suspended sentence for child neglect.

At Ennis Circuit Criminal Court yesterday, Judge Carroll Moran said the 38-year-old woman, who last year pleaded guilty to eight counts of child neglect, “lacked fundamental parenting skills and most significantly she lacked empathy for her own child”.

He said reports from the Probation Services and the Health Services Executive (HSE) stated that the woman, who had a serious drink problem, was a completely unsuited to being a mother for her children.

Judge Moran said the woman’s guilty plea was of “special significance” in this case as it spared the victims the additional trauma of having to give evidence.

Her former partner has also pleaded guilty to eight charges of child neglect.

The offences, which relate to seven children, took place on dates unknown between March 2001 and July 2010 in two areas of Clare.

The eldest child is now 17 while the youngest child is now four.

The court heard that the woman is the mother of all seven children. The man is the natural father of six of the children.

Judge Moran said evidence had been given that the couple spent prolonged periods in the pub indulging in alcohol while the children were abandoned at home.

He said there was insufficient food in the house and sometimes none at all.

He said the children were left with inadequate and dirty clothing. He said that at the age of eight, the eldest child had been forced to be a surrogate mother to her infant sibling.

Judge Moran said the man would beat the girl if the baby cried at night. He said the mother admitted beating the girl with a poker and a shoe causing multiple bruises.

The children have since been placed in foster care, the court heard. He said the children had been under threat from their parents not to tell social workers about their ordeal.

The court heard the woman had started drinking aged 13 and was a victim of domestic violence.

She has been off drink for five years and is in a new relationship, the court heard.

In her victim statement read out in court earlier this month, the eld est daughter emotionally urged the Judge to send her mother to jail, describing her as “vermin”.

“They should rot in hell,” she add- ed.

Judge Moran said the former couple had engaged “dreadful misbehaviour” and had deprived the children of a childhood.

He said the children had been left “severely traumatised” by their experiences.

Judge Moran said the woman had no previous convictions and made a serious attempt to deal with her alcoholism.

He said she had entered an early plea. Judge Moran said that in these “exceptional circumstances” it would not be right to impose a custodial sentence.

He imposed a four-year sentence, suspending it for seven years.

The woman was ordered to abstain from alcohol and cooperate with the directions of the HSE and Probation Services.

Reporting restrictions were previously placed on the case.

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€7.1m flood relief work soon to start in Ennis

WORK on a € 7.1m project aimed at improving flood defences in Ennis is expected to get underway next month.

On Thursday, Brian Hayes, Minister of State at the Department of Finance (OPW), signed a contract with Wills Bros Ltd of Foxford, Co Mayo, for the construction of a major flood defence scheme in Ennis, County Clare.

Work on the River Fergus Lower (Certified) Drainage Scheme Contract will commence in March and will see flood defences being installed from Bank Place Bridge in the town centre to Doora Bridge in Clarecastle. The € 7.1m project will take approximately 18 months to complete and will lead to the protec- tion of 849 residential and 425 nonresidential properties on completion.

Welcoming today’s contract signing, Mayor of Ennis Cllr Peter Considine stated, “This development comes as a major boost to residents and businesses located along the banks of the River Fergus, particularly those badly affected by severe flooding in November 2009. I would like to compliment the OPW for its commitment to bringing this project to fruition and ensuring that adequate flood defences are provided in Munster’s largest town. We have already witnessed the benefits of flood defence works in the Abbey Street car park and I look forward to other parts of the town and its environs benefiting from the proposed scheme.”

The scheduled works complement a number of other schemes identified in the Ennis Main Drainage and Flood Study Preliminary Report.

Last month, Ennis Town Council signed a contract for flood relief works to be carried out in the Watery Road / Elm Park area of the town. The € 307,000 (approx) project involves the construction of 400 metres of new river embankment and a pump station.

Elsewhere, Ennis Town Council says it expects that the tender documents for the proposed Foiruisce Scheme will be completed and forwarded to the OPW in the coming weeks and that the tender process will commence during March. Meanwhile, the documents for the Ennis South Flood Relief Scheme (St Flannan’s/Tobairteascain – Ballybeg Lake Flood Relief Works) are currently with An Bord Pleanala and the council is awaiting its determination.

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Amputee admits arson at Killaloe nursing home

A WHEELCHAIR bound amputee who admitted arson at a nursing home in Killaloe almost three years ago has been ordered to cooperate completely with any support pro vided to him by the Health Services Executive (HSE).

James Sherlock (24), whose life was described as a “living hell”, pleaded guilty last Wednesday to causing arson at the Lakes Nursing Home, Killaloe on August 20 (2010).

At his sentencing hearing on Thursday, Ennis Circuit Criminal Court heard that Gardaí and members of the Fire Services were called to the private nursing home on the outskirts of Killaloe to deal with a fire started by the accused in his locked first-floor room.

Staff and all residents were evacuated after the fire which caused € 5425 worth of damage.

The court heard that the damage was confined mainly to Mr Sherlock’s room.

A 94-year-old resident died on the same night. A post mortem later showed that Margaret O’Gorman died from natural causes.

An inquest in December 2011 heard there was no evidence that her death was related to the fire.

A garda who attended the scene was hospitalized for smoke inhalation, the court heard.

Detective Sergeant Oliver Nevin, of Killaloe Garda Station, told the court it appeared the accused gath- ered materials and stuffed them under his wheelchair before setting the chair alight.

Det Sgt Nevin said Mr Sherlock escaped un-injured after managing to get out of the chair and crawl to an en-suite bathroom.

The court heard that in a subsequent interview, Mr Sherlock told gardaí he set fire to his bedclothes with a lighter after drinking neat vodka. He said it was an accident and that he had been in a bad mood.

Counsel for Mr Sherlock, Pat Whyms BL, told the court that his client had his right leg (from his right knee down) amputated six weeks prior to the fire. He said the procedure had been necessary because of an “historic heroin addiction.”

Mr Sherlock is now on a methadone programme, the court heard, and no longer takes illegal drugs.

Mr Sherlock previously lived at 16 Childers Road, Ennis and has been a resident of the Redwood Extended Care Facility, Stamullen, Meath.

The court heard he is currently residing at his father’s house in Ennis. The court heard he has 34 previous convictions.

Mr Whyms said his client has been in a wheelchair since 2008 and needs daily assistance. He said Mr Sherlock’s wounds must be dressed every second day.

He said that on the night of the fire, his client’s state of mind was one of “general despondence and despair.” He said Mr Sherlock had placed himself most at risk by starting the fire in a locked room.

Mr Whyms added, “It appears to have all the hallmarks of – if not a suicide attempt – at least a cry for help rather than an attack on other people or property.”

Mr Whyms told the court that a prison sentence would have an extraordinary effect on Mr Sherlock, adding that it would damage the progress he has made.

He said a prison sentence should be a last resort. “In terms of punishment, this man’s life is a living hell,” he added.

Judge Gerard Keyes said the loss of a limb is very difficult to cope with both mentally and physically.

He said it may explain, but not justify, why Mr Sherlock’s “mind would have been clouded and not rational” on the night.

Judge Keyes said he regarded the offence as “very serious” due to where it occurred and the risk posed to other people.

He ordered a report from the Probation services and also directed the HSE to set out what supports could be put in place for Mr Sherlock, in prison and outside.

Judge Keyes also requested “concrete information” on the likelihood of Mr Sherlock re-offending.

He said that if suitable structures are available, then it would be to the benefit of society and Mr Sherlock not to impose a custodial sentence.

Judge Keyes told Mr Sherlock he must fully cooperate with the HSE and Probation Services. The case was adjourned for mention to April 9.

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Jail term for assaulting prison officer at Courthouse

A MAN has received a six-month jail sentence for assaulting a prison officer in Ennis Courthouse last year.

James Francis McDonagh (38) pleaded guilty last week to assaulting Limerick prison officer Raymond Kelly on May 1 (2012).

The incident occurred at the end of a day on which Mr McDonagh was on trial for assaulting his brother with a hatchet.

Mr Kelly told Ennis District Court on Wednesday that the accused suddenly turned on him after he asked him to return to the cells.

He said, “He (McDonagh) said he would shove his fist through my face or head.”

Mr Kelly said there was no physical contact but it was a “very aggressive” situation. Under cross-examination from defence solicitor, Charles Foley, Mr Kelly said Mr McDonagh did not strike him. He added, “I was in a position where I was in fear I would be struck.”

Mr McDonagh, who is also known as Michael James McDonagh, has 99 previous convictions, including 11 for assault and four for assault causing harm. He has a former address of Ballymurtagh Halting Site, Shannon. Last May he was sentenced to a total of four years in prison for assaulting his brother with a hatchet and possession of an offensive weapon at Ballymurtagh Halting Site on August 31 2011.

Mr Foley told the court that his client had suffered from a very serious drug addiction. He said Mr McDonagh is currently undergoing a rehabilitation course in Limerick prison. He described the accused as “a very clever man” who has been drug free for a considerable length of time.

Mr Foley added, “He’s actually trying to bring himself around.”

Mr McDonagh apologised in court for his behaviour on the day, saying he had experienced flashbacks of the assault against his brother.

He told the court he apologised to Mr Kelly 15 minutes after the incident occurred.

He added, “I’m 20 years in and out of prison and I’ve never tried to rehabilitate myself ‘till this time.”

Judge Aingeal Ní Chonduin said Mr McDonagh is a man with a “serious track record.” She said the accused is a “fine strong man” and if he had struck the Mr Kelly, he would have felt it.

She imposed a six-month prison sentence to be served consecutive to the sentence Mr McDonagh is currently serving. Recognances were fixed in the event of an appeal.

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49 estates seek council help

HUNDREDS of Clare people have reached out to Clare County Council asking that their housing estates be taken ‘in charge’ by the local authority. Residents in 49 different estates have made an official approach to Clare County Council, using the new Section 180 legislation.

To date, however, the local authority has not been in a position to take any of these estates ‘in charge’. A number of technical difficulties have been identified in the Section 180 legislation, which has left hundreds of Clare people in ongoing limbo.

While many of these estates have been abandoned by the developer, some have an active developer and others are completed or in a nearcompleted state. In some of these estates, the developer has also contacted Clare County Council asking that the site be taken in charge.

Bonds are in place to cover the completion of works on many of the unfinished estates. However, these bonds are understood to be worth far less than the total work which is required to be carried out.

Clare County Council currently hold 113 bonds for housing development with a combined value of € 5.2 million.

Section 180 legislation also requires that the developer furnish the council with CCTV footage of the estate’s sewerage system and a full set of post-completion before an estate can be taking in charge. The expense of completing these tasks is preventing a number of finished estates from being handed over to the local authority.

According to North Clare councillor Joe Arkins (FG), some developers are using the conditions in the Section 180 legislation to put off expensive works on estates.

“People are being left in a total limbo. Developers apply to be taken in charge by the council, then when the councils gets back to them looking for the CCTV or the updated plans, the developer doesn’t follow. So the developer can tell the residents that they have applied to the council but nothing will ever happen,” he said.

Cllr Arkins has also requested that Clare County Council seek legal advice to determine if the local authority would be libel for any injuries sustained by residents of unfinished estates who have requested to be taken in charge.

“There could be a liability there, if someone falls down a hole in an unfinished estates, and the residents of that estate have been trying unsuccessfully to have that estate taken in charge. I have asked that we get legal advice on this,” he said.

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Political heavyweight joins Ali as freeman

THE President of Ireland, Michael D Higgins last week became only the second person ever to be awarded the Honorary Freedom of the Town of Ennis.

The President, who was reared and educated in County Clare, attended a Civic Reception hosted in his honour by Ennis Town Council. President Higgins was joined in Ennis by his wife Sabina and family members, many of who live in the county.

Muhammad Ali, the three-time World Heavyweight Champion, was the inaugural recipient of the Honorary Freedom of the Town of Ennis during his historic visit to the Clare county capital – the birthplace of his great grandfather Abe Grady.

President Higgins was welcomed to Waterpark House today by members of Ennis Town Council before being led into the council’s Civic Room by piper Michael John Quigney of the Tulla Pipe Band. Local traditional musicians presented a specially-arranged musical tribute to the President, while members of the Ennis Brass Band provided a trumpet fanfare after the President was officially awarded Freedom of the Town of Ennis.

Addressing the Civic Reception, Mayor of Ennis Cllr Peter Considine acknowledged the President’s close connections with the Clare county capital. “Outside of the time you spent in Ennis, particularly as a student in St Flannan’s College, I know that from a personal and professional perspective you are very familiar with the town of Ennis, its history and the people who live here. During your time as Minister for Arts, Culture and the Gaeltacht, you supported numerous projects and initiatives which sought to protect and promote the culture and heritage of towns such as Ennis.” The Mayor added, “A Uachtarán, your lifelong contribution to politics has inspired many. You have transcended all politics, promot- ed integration, instilled hope of a brighter future through pragmatism, embraced positive change within Irish society, and most importantly upheld the Office of President with dignity and honour.”

Mayor Considine raised a laugh from the gathered audience when he suggested that the President and Muhammad Ali shared more than an honorary title.

He said, “In your days as a TD and Minister, some might agree that you also did ‘Float like a butterfly, sting like a bee’. Your pragmatic approach to dealing with issues in Irish society and indeed abroad, is internationally recognised and certainly has not gone unnoticed here. Your close ties with Ennis and County Clare along with your continued, valuable contribution to Irish society means we are proud and honoured that you have accepted this award.”

While born in Limerick, President Higgins was raised near Newmarketon-Fergus, and educated at Ballycar National School and St Flannan’s College in Ennis.