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Traveller legal issues cost council €90,000

CLARE County Council spent a total of € 90,000 in two separate legal battles to remove illegal Traveller encampments from Barefield and Ennis.

The costs were disclosed yesterday by County Manager Tom Coughlan who said changes to primary legislation are urgently required to allow local authorities and the gardaí to deal more effectively and swiftly with illegal encampments.

He told the July meeting of the Clare Joint Policing Committee that it had cost the council € 40,000 to take out an injunction against a group of Travellers in Barefield.

He said the cost of pursuing a similar process against a group of Travellers parked on the Ennis bypass had come to € 50,000.

Mr Coughlan added, “We can’t continue to spend that type of money on moving Travellers on. We don’t have the money to keep doing this.

“Without changes to primary legislation, we will not be able to deal with a very unsatisfactory situation,” he said.

Chief Supt of the Clare Garda Division, John Kerin said gardaí could only move on encampments in certain circumstances.

He suggested that on-the-spot fines could be one way of dealing with the issues.

He added, “But if 30 or 40 caravans are in a place where they are in breach of the law, I don’t have the resources to deal with it. I don’t have a place for 30 caravans. I don’t have a way of bringing them away.”

JPC Chairman Cllr Joe Arkins (FG) said it is now commonly accepted that existing legislation is “deficient”.

He said the council had been forced to engage in a “very expensive game of cat and mouse”.

He added, “Unfortunately, there are a group of people in this country for whom there are no consequences, or that’s at least how it seems.”

Cllr Paul Murphy (FG) said communities in Barefield and Clarecastle are “burned out” from illegal encampments setting up on the side of the road.

Cllr Joe Cooney (FG) said similar problems had arisen in East Clare. He called for changes in legislation to allow for the issuing of on-thespot fines.

Cllr Cathal Crowe (FF) said the council and the National Road Authority (NRA) need to pursue offenders. He said, “Not only is it illegal but they are a very serious traffic hazard.”

Cllr Pay Hayes (FF) said communities in Clare feel “under threat” from encampments.

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Mid-year cuts made to council spending

CLARE’S Fine Gael TDs gave assurances that the county council will be reimbursed all of its Local Government funding, but only if it brings its household tax compliance to above “70 or 75 per cent”.

County Clare has the third most compliant taxpayers in the country when it comes to the household charge, yet last week when the county manager went to the council’s bank account he noticed it was almost a quarter of a million euros short.

The Minister for the Environment and Local Government, Phil Hogan had withheld € 243,000 of the General Purpose Grant Allocation of the Local Government Fund for the third quarter of the year.

The council also learnt that its over stretched staff will be taking over the collection of the household charge for this year, a role that is expected to be passed on to Revenue in 2013.

Clare County Manager, Tom Coughlan said that the local authority had not received any database to date from the Local Government Management Agency (LGMA) so the authority does not know who has paid or has yet to pay the € 100- plus fines now incurred.

Mr Coughlan explained that when the council balanced its budget for this year, it did not make provision for this unexpected cut to its fund. Cuts had already been made to council spending at the beginning of the year so that it could balance the books, and there is very little “discretionary spending” left, he explained.On Friday last, councillors agreed at a hastily convened meeting that they would continue to spend as per the agreed budget.

They were critical of the minister for taking money out of its annual budget seven months into the year, and argued that any cuts should wait until 2013.

Cllr Christy Curtin (Ind) said, “I do not support any reduction in services. I do not support any financial cutback at this stage of the year. If the minister wants to make changes, he can tell us what he wants us to do in 2013 and we will deal with it then. But to force a reduction in the middle of 2012 when we have our budget passed and we are halfway through the financial year is certainly not acceptable.”

In his address to councillors, Deputy Pat Breen (FG) said the lost € 243,000 would be returned to the council’s coffers. “You will get back what is owed to you before the end of the year. I don’t think the council should worry about that,” he said.

“The money is not being cut, it is being with-held,” added Deputy Carey (FG). “We don’t have to face the cuts if we get the allocation up to 70 to 75 per cent. I got that assurance from Phil Hogan,” he added.

Deputy Breen said the whole purpose was to encourage local authorities to give one last push to get the money. “This money is not a cutback. It is an initiative to collect finances.” he said.

This is an initiative the council must currently face without any direction as to who has paid and who has not.

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Calls for choppers

THERE have been calls for the Garda helicopter to be deployed in the skies over South East Clare to aid crime prevention in the area.

The suggestion was put forward by local councillor Cathal Crowe (FF) at yesterday’s meeting of the Clare Joint Policing Committee.

According to Cllr Crowe, the banks of the River Shannon are the setting for criminal acts including drinking, drug taking and some sexual activity. He also cited recent incidents of “disgusting” vandalism at a graveyard in southeast Clare.

He said the helicopter has already been deployed over parts of Limerick City “100 yards” from the border with Clare.

Cllr Pascal Fitzgerald (Lab) said that for the cost of deploying the helicopter, two more gardaí could probably be put on patrol in the area.

Chief Supt John Kerin said the helicopter is only deployed for “serious and specific” reasons. He said there is some merit in the proposal and that he would raise it with his colleagues in Limerick.

The issue of underage drinking in public places was also discussed at the meeting. Cllr Fitzgerald said drink bylaws must be enforced par ticularly in residential areas.

JPC Chairman, Clr Joe Arkins (FG) said people are making “regular deliveries” of alcohol are providing drink for profit to youngsters.

Cllr Oliver Garry (FG) said parents must take responsibility for their children.

He said, “A lot of them don’t know where their kids are, what they’re doing, what they’re drinking and what they’re smoking.”

Chief Supt John Kerin said there isn’t a massive problem with “bush drinking” in Clare.

In relation to drinking in public places, Chief Supt Kerin said, “There are many estates and villages where it is not illegal for people to drink in public.”

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Council ‘wages’ war on defiant councillors

NOT all members of Clare County Council have paid the € 100 household charge – a charge the Government says is to support local services. Some of their colleagues believe they should not benefit from the council coffers until they pay up.

In the last week, the Minister for the Environment and Local Government, Phil Hogan, withheld almost a quarter of a million euro of funds owed to Clare County Council as just 62 per cent of the county’s householders have registered for the controversial charge.

One of the 28 per cent who have not yet paid in Clare is Shannon’s Cllr Gerry Flynn (Ind).

Cllr James Breen (Ind) is also firmly against the charge but would not say yesterday (Monday) if he had paid the charge.

“I believe this is a very penal tax. People are not able to pay for food and they are being asked to pay € 100. There are people living on € 15 a week when all the bills are paid, “ he said.

The former TD was adamant, however, that he had not encouraged people to avoid the tax. He said he told his supporters to make up their own minds on the issue.

“At this point and time, I am not saying whether I paid it or not. For now all I am saying is that it is a personal matter between me and my wife,” he added. “I will represent people who have paid and people who have not paid it equally and impartially as I have done for the last 25 years in politics,” he said.

Cllr Flynn, however, has made a conscious decision not to pay the charge. The Shannon councillor said he sat down with his family and supporters and made a conscious decision not to pay.

“I had information that the € 100 fee is for data collection for the minister that will then be sent on to revenue for home tax,” he said. “The € 100 was never meant to be a tax. This is my own free choice. It is not that I could not pay. I do not encourage or discourage anyone to pay,” he told

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GPs agree that sick cert system ‘is in need of an overhaul’

THE Chairman of the Clare Branch of the Irish College of General Practitioners has acknowledged that changes are required to the issuing of sick certificates.

Dr Fergus Glynn was speaking following comments made by Judge Patrick Durcan at Ennis District Court on Wednesday.

Judge Durcan has commented in recent weeks about the number of people in Clare who fail to show up for scheduled court appearances.

He has also remarked on the types of letters written by doctors in support of the medical reasons offered by people in explanation for their non-attendance.

On Wednesday, Judge Durcan read out the contents of a letter written by a doctor explaining why his patient could not attend court. Judge Durcan also named the doctor and the address of his practice.

Judge Durcan told the court that the letter stated, “This man has attended my surgery. He has problems with alcohol. He has been vomiting. He tells me he is not feeling well.”

Judge Durcan said, “I don’t want letters from doctors telling me what their patients think. I want letters with their (the doctor’s) opinions.”

Judge Durcan requested a copy of the letter, humorously remarking that he is collecting all doctors’ letters handed to him for inclusion in a book about the subject.

Speaking yesterday, Dr Glynn said, “The current system of sick certs is in need of an overhaul. We recognise that it is imperfect and it is open to abuse by patients.”

However, the Corofin-based doctor said GPs are often placed in “impossible positions” by patients seeking sick certificates.

He said there had been a lot of discussion recently around the issue of sick certificates.

Dr Glynn continued, “We are only acting in good faith on what the patient and client has told us. Very often, doctors are put in difficult if not impossible positions. It is an imperfect system, one that unscrupulous people will try to abuse.”

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Uproar in chamber as discussions heat up

THE summer sun finally reached the Banner county on Friday, but the heat from the long-awaited sunshine paled to insignificance next to the heat in the council chamber.

Members of Clare County Council had gathered to discuss the withholding of funds from the General Purpose Grant Allocation of the Local Government Fund for 2012.

While council were already irritated by the fact that Minister for the Environment, Phil Hogan, had with-held € 243,000 from the third quarterly payment to the council, it was a letter of apology from Clare TD Michael McNamara (Lab) that he could not attend that caused the greatest uproar.

Cllr Cathal Crowe (FF) was critical of the letter claiming that it was “pedantic and arrogant”.

“There is no explanation as to why he can’t be here,” he said.

Cllr Patricia McCarthy (Ind) took exception to what the youngest member of the council said.

“Do not forget who invited in the troika. Do not forget the people who had to pick up the pieces of this country in the last few years, and do not forget now who are suffering for what was done,” she said. “So be mindful when you are casting aspersions across the chamber at people who are not here and who outlined the situation as it is.”

Cllr Crowe then shouted across the chamber, claiming Deputy McNamara was a party colleague of the independent councillor.

“No, he is not a party colleague of mine. This is where you are going wrong, Cllr Cathal Crowe,” said Cllr McCarthy.

“You wear a red rose when it suits you,” he interjected.

Mayor Pat Daly attempted to bring the meeting to order as Cllr McCarthy clarified, “I am not a member of the Labour Party, I have not been a member of the Labour Party since 1986. I support a certain deputy in this county,” she said.

In the course of a loud and heated “discussion”, Cllr Crowe said he found elements of Cllr McCarthy’s argument “hard to believe”.

She in turn asked for an apology for insinuating she was lying.

“I did not call her a liar,” he replied.

He concluded that he believed he was within his rights to condemn Deputy McNamara’s “arrogance” and said he did not think he was alone in that.

Deputy McNamara told The Clare People that in his letter he outlined his stance on the issue as he could not be in attendance.

He said he, like all of the Government and the Seanad, voted for the charge as it was outlined in the IMF bail-out document, a document he added to his letter so as to be helpful and support his point.

“It was pointing out the realities. You can’t have councillors speaking out of both sides of their mouths, saying no funds for local government and then not supporting raising the funds.”

During the meeting, the County Manager Tom Coughlan was also less than impressed when it was implied that the executive had been dragging its heels when it came to paying the charge at the council offices.

Cllr Joe Arkins (FG) said that in the run up to the original deadline for the payment, there were issues with council officials stating that they could not take postal payments and later letters without stamps.

“I don’t think they were overly helpful in assisting the Local Government Management Agency. We were behaving like an organisation scorned. I don’t think we had our shoulder to the wheel,” he said.

Jumping to the defence of his employees, Mr Coughlan said they had made every effort to facilitate the payment of the charge, so much so that Clare had one of the highest compliance rates in the country.

After almost an hour of councillors airing their grievances on the issue, West Clare County Councillor Pat Keane (FF) left the council chamber in anger. The councillor was frustrated at the way the meeting was progressing, with some councillors getting to speak on a number of occasions while others, he felt, were over looked.

Later in the meeting, Mayor Daly apologised to Cllr Keane, stating that he was up to speak at that point but was no longer in the chamber.

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FAI blasted for failing to support the mid-west

AN € 80 million bounty is being lost to Clare and the mid-west because of the Football Association of Ireland’s refusal to back the ambitious plans of an Ennis-born entrepreneur to bring the cream of European club soccer to the region.

Damien O’Brien, who hails from the Turnpike area of Ennis and is bringing Manchester City to Thomond Park this Sunday to take on Limerick FC, has blasted the FAI’s commitment to soccer outside Dublin over failing to sanction his plans for a multi-million euro soccer extravaganza in the mid-west.

“I was due to do a tournament in Thomond Park this year – the same weekend that Man City are coming, but the FAI refused the rights to bring four teams into Limerick,” revealed Mr O’Brien.

“It’s ridiculous what went on. It was a four-year deal that I was bringing to Limerick and it would be worth € 80 million into the economy, but the FAI in their own ignorance decided to stop it,” he added.

Thirty-eight-year-old O’Brien was the brainchild behind ‘Football’s Next Star’, the Sky TV programme that has been dubbed “football’s X-Factor” and syndicated to 103 countries around the world. He is the managing director of the Iconic sports agency that’s based in Manchester.

Having been thwarted in his bid to host a tournament in Thomond Park this weekend, he helped secure the services of Manchester City who will take on Limerick FC in a friendly game this Sunday evening at 7pm.

“Being refused for the tournament wasn’t going to deter me,” he revealed. “I had the support of Limerick in this and that’s why it’s happening. Limerick had to go to the High Court to get the right to hold this match. It’s shocking.

“It’s a great showcase for the region, the stadium and for the Limerick players. This is putting soccer in the region in the shop window. This match will air live in over 100 countries, so it’s fantastic for Limerick.

“Manchester City are bringing their full squad – it will be their full line-up and it’s their last pre-season friendly before the Community Shield and Premier League starts,” he added

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‘Farming legend and proud Clareman’ – Paddy Lane

INTERNATIONAL rugby player, army officer, dairy farmer, president of the Irish Farmer’s Association, MEP and proud Clare man Paddy Lane passed away on Tuesday.

His death at the age of 77 brought to an end a busy life that impacted on many people and organisations.

Not only was the Parteen man the only Clare man to serve as national president of the IFA from 1976 to 1980, he also served as a Fianna Fáil MEP from 1989 to 1994.

Leading the tributes, IFA President John Bryan said Mr Lane led farmers at what was a difficult time economically, with high inflation and interest rates eroding farm incomes.

“Paddy Lane, who was a powerful voice for farmers, had a longstanding commitment to IFA and serving the farming community. He led a successful campaign of opposition to the then Minister for Finance George Colley’s notorious two per cent sales levy. Paddy Lane battled for better conditions and facilities for farmers, and a more receptive attitude in the Department of Agriculture,” he said.

As part of the farmers rights campaigns, he took part in the great march to Dublin in 1966. A year later, he and his neighbour John Doherty were sent to Limerick prison for a total of five weeks for civil disobedience, when they were singled out for following the then NFA’s advice on a go-slow campaign in paying rates.

“Earlier this year, the IFA conferred Honorary Life Membership on Paddy Lane at a meeting of the Clare IFA Executive, and I recall him being deeply honoured. On behalf of our membership, I want to extend our sympathies to his family.”

He also served as IFA Deputy President from 1974 to 1976.

The late Parteen man was also a member of the Fianna Fáil party and served Clare in Europe for five years.

Clare TD Timmy Dooley (FF) paid tribute to the East Clare man and sympathised with his family on behalf of the party.

Mr Lane was capped for the Irish rugby team in 1964 and had a distinguished rugby career with Old Crescent and Munster.

Paddy Lane was pre-deceased by his wife Carmel, and survived by his children Tommy, David and Liz.

He was laid to rest in Mount Saint Lawrence Cemetery on Friday, following Requiem Mass in Parteen Church.

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School work should go to local developers

CLARE VEC has been urged to request the Minister for Education and Skills to employ local developers in school construction projects.

The call was made at last week’s VEC meeting by Commitee Chairman, Cllr Tommy Brennan (Ind).

He said the Minister should be contacted regarding the awarding of contracts for school building projects.

Cllr Brennan acknowledged that the department is subject to EU rules on tendering. However he said that “where possible local developers should be used”.

“We are supposed to be doing everything we can to try and get people back to work,” he added.

He told the meeting that a firm from Northern Ireland had been employed for a project in Ennis.

CEO George O’Callaghan said the Department is bound by regulations on tendering.

Clare VEC has been asked by the Department of Education and Skills to provide support and assistance to Scoil na Mainstreach, Quin, in relation to the construction of a major extension to the school.

Mr O’Callaghan stated, “While the school retains ultimate responsibility of the project the VEC will also provide a check and overview on the process.”

Mr O’Callaghan told the meeting that the VEC would provide technical assistance to the school.

He said the VEC is already engaged in a process for new school extensions at VEC schools in Ennis and Killaloe and Shannon Comprehensive.

Clare VEC will receive a devolved grant for the projects – a 2813sq/m extension in Ennis and a 1800sq/m extension in Killaloe.

The Department of Education has predicted that enrolment at Ennis Community College will rise to 740 students in the near future, while enrolment at St Anne’s is expected to increase to 750.

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Carers’ strategy is ‘timely’

A CLARE-BASED national organization that looks after the interests of over 100 carers groups around the country has rowed in with its support for a new strategy that has been devised by the Government and launched by Taoiseach Enda Kenny.

Caring for Carers Ireland has said that the new strategy called ‘The National Carers Strategy: Recognised, Supported, Empowered’, included commitments from all Government Departments to meet the demands and needs of Ireland’s growing number of family carers of all ages

“As far back as 1988, the Department of Health expressed its desire to enable older people to live with dignity and to be cared for as long as possible in their own homes,” said Mary McMahon, CEO of Caring for Carers Ireland. “24 years on, the Government has produced a strategy that we feel provides the framework that will guide the future of caring in the community and help to support a fair and equitable system for family carers in challenging times.

“There are over 74,000 males and 113,000 females registered as family carers in Ireland, including 4,288 carers under the age of 15, who collectively contribute € 2.5 billion to the national economy each year.”

The new strategy was produced by the Minister For Disability, Equality, Mental Health and Older People, Kathleen Lynch.

Brigid Barron, Innovation and Programme Manager, Caring for Carers Ireland, noted that the publication of the strategy is “timely” as the pressures faced by family carers through- out Ireland have never been greater.

She continued: “The demand for support mechanisms to be put in place for family carers are increasing on a daily basis as a result of early discharges from hospitals, the growing need for long-term care for Ireland’s ageing population and the increase in the numbers of people with complex health issues being cared for in their home by family members. This strategy is geared toward including family carers in care planning and decision making for those that they care for, and the promotion of supports and services to protect the physical, mental and emotional health and wellbeing of carers.

“Caring for Carers Ireland, on behalf of its members, now looks forward to a speedy implementation of the proposals outlined in the Strategy,” Ms Barron concluded.