Categories
News

Cliffs legal threat

CLIFFS of Moher trader, Gerry Cahill, has said he will sue Clare County Council for loss of income should they succeed in obtaining a high court injunction preventing him from trading at the Cliffs.

This follows comments last week by Clare County Council’s Director of Services, Gerard Dollard, who reaffirmed his commitment to take legal action to prevent casual trading at the site of the €30 million interpretative centre.

Speaking to the Clare People , Mr Cahill also criticised Mr Dollard for refusing to meet with the traders. He has also critisised the management of the project in general, particularly those in charge of the walkway and car park facilities.

“When you are dealing with Clare County Council I don’t think much thought goes into it,” said Mr Cahill. “This could be sorted out easily if they just sat down and talked with us. He (Gerard Dollard) has never responded to us at all.

“We have spoken to a number of local representatives who say that he is determined to bring it to court. Ger Dollard has a bee in his bonnet about us traders when the whole place in a mess up there,” continued Mr Cahill.

“They wouldn’t get away with it if they were in the private sector and their jobs depended on it. The people visiting the Cliffs are angry, some say that they won’t be back.”

While Mr Cahill is campaigning to prevent traders from being barred from the Cliffs, he does believe that some regulation is necessary.

“We have asked verbally and in writing for proper regulation and legalisation so why have they never done it?” he asked. “If some of the traders don’t want to be legalised then I’m not responsible for them. I’m representing those who have licences and want to trade legally.”

This is not the first time that Clare County Council has gone to court in order to remove traders from the Cliffs of Moher. In 1994 six traders were granted permits by the council after a court battle.

“They have already lost on this issue in the past. We have a right to work and a right to make a living, and they have already established this precedent,” said Mr Cahill. “If we go to court and lose, we lose our jobs, if they go to court and lose they are just wasting more of the taxpayers’ money.”

Categories
News

Agitation station

A MAN became agitated at a garda station after the officer he was looking for was not available, and then refused to leave, Ennis District Court has heard.

Dermot Tuohy, of 19 An Páirc, Bruach na hAbhainn, Ennis, failed to comply with the direction of a garda at Ennis Garda Station on December 23.

Inspector Tom Kennedy told the court the accused went to Ennis station looking for Sergeant Michael Haran. Garda Lisa McDonagh told him to wait and he got agitated and refused to leave.

“He was insistent on seeing Sgt Haran, who was not available. He kept banging on the hatch door and ringing the bell. He was quite aggressive and refused to leave. He refused to listen to her (Gda McDonagh’s) explanation,” said Inspector Kennedy.

Defending solicitor Billy Loughnane said his client had met with Sgt Haran in relation to a particular problem, four or five weeks earlier. That particular problem reemerged on that day and he went to see Sgt Haran again to discuss it.

The solicitor said his client was highly embarrassed and apologised to the court. He said he was willing to make a contribution to the court poor box.

Judge Joseph Mangan said he would dismiss the charge under the Probation of Offenders Act in the mitigating circumstances, if €100 was paid and this was paid in court.

Categories
News

New beach bylaws

NEW bylaws governing behaviour on Clare’s beaches have been ratified by Clare County Council.

At Monday’s monthly meeting of Clare County Council, members elected to adopt the laws which apply to 12 beaches. Under the new laws, patrons will not be allowed to walk dogs on beaches between 11am and 6pm during June, July and August. The laws also impose speed restrictions on jet skis that are being used 300 metres from the shoreline. The new byelaws will serve as an amalgamation of existing guidelines regarding public behaviour on beaches. Enforcement of the laws will be carried out by council officials and in some cases An Garda Síochána.

The bylaws no longer apply to Ballyalla after members decided not to include it as a beach area. Concerns had been expressed by councillors at yesterday’s meeting of the Ennis Area Electoral Committee about the classification of Ballyalla as a beach, following a presentation made by Dara McGuigan, Senior Staff Officer with Environment Section of Clare County Council. Final consideration of the bylaws had been deferred until after the Environment SPC recommended that all electoral area committees be given the chance to examine the representations made by parties.

Councillor Christy Curtin said he supported the bylaws, provided they would be reviewed after a year.

Cllr Joe Carey said there was nothing new in the bylaws and added that “our views aren’t being taken on board and we are becoming too entangled in legislation.”

Categories
News

Planners hit back

CLARE’S top planning official has hit back at criticism by the county’s leading architects that the system is not working and needs to be radically overhauled.

In a letter to the architects, Clare County Council’s Acting Director of Service for Planning, Liam Conneally, stated that the contents of their letter prior to Christmas “undermines the working trust” that existed between the architects and the council’s planning department.

The architects had written, “We are totally frustrated by lack of consistency, poor management structure, lack of productive dialogue, poor communication and absence of a rational coherent, consistent and common-sense approach to planning within the council.”

They told Mr Conneally that they see little point in holding any further Agents Liaison Group meetings with the department “until there has been a significant and tangible overhaul of the present system which, in our view, is clearly not working.”

Now, Mr Conneally has responded, “I am disappointed at the negative tone and content of the letter. The planning service provided by the council is of a high standard and the commitment of staff to serving the public is beyond question.

“While extensive negative aspects of the ALG concept and planning service are opined, no constructive solution is put forward.

“I think your letter indicates a fundamental misunderstanding of the role of the council as planning authority and its function to act as an independent assessor of proposals for development.”

He continued, “The council fully recognises that there is scope for improvement and continuously works towards creating a better situation. The content and circulation of your correspondence has, I feel, undermined the working trust that I thought existed between the ALG members and the Planning Department of Clare County Council.

“The only way to get work done in a constructive manner is to address the concerns of the group through the group forum itself. Unfortunately, the group as it existed became an isolated planning clinic where the individual concerns of the small group of agents in attendance were the main focus for discussion.

“I believe that the ALG idea and concept is good and that, subject to a mature common-sense approach, wider buy-in by the county’s agents and to the preparation of an agreed protocol for the group, it can have a future.

“What we need to work towards is a situation whereby the group is representative of all those engaged in the planning process and where both sides recognise that each has a major role to play.”

Mr Conneally said that he is happy to arrange a meeting of the ALG “early in the New Year to see how matters can be constructively addressed”.

Categories
News

Warm welcome for Chile visitors

SHANNON rolled out the welcome mat for half of the Chilean refugees who fled to this country in the wake of the military coup which ousted the democratically elected government of Salvador Allende in 1973.

According to records released as part of the opening of the State Archives, 99 of a total of 25,000 people forced to flee the country came to Ireland and about half of these settled in Shannon.

Garret Fitzgerald, then Minister for Foreign Affairs, informed the Dail on February 20, 1974 that the refugees would be admitted to Ireland. The remainder of the refugees who came here went to Galway, where the Committee for Chilean Refugees had hired the Continental Hotel in Salthill.

Bairbre Ni Giollarnath of the Refugees committee wrote to Dr Fitzgerald at the time, outlining how a whole football team had been taken from their homes and disappeared.

And according to the archives from the same year, Clare residents were concerned that the purchaser of Mutton Island could have been a front for the CIA as a secret military base.

In fact, the island was purchased by a Mrs Husty, who then transferred it into the name of her family company, The Vancouver and Delaware Corporation of Washington.

Categories
News

Dismissal driver runs out of road

A TRUCK driver who claimed he was unfairly dismissed lost his case after a private detective took pictures of him working on the Ennis bypass.

Thomas Lynch, Marion Estate, Kilkee made a complaint to the Employment Appeals Tribunal against employer Francis Greene, of Lisdeen, Kilkee.

Lynch was employed by Greene driving a Readymix lorry for €500 a week.

On September 25, 2004, Lynch arrived at the Moneypoint quarry for the third time that day to pick up concrete to deliver.

The quarry manager said the order had been cancelled and he could go home for the day.

Greene contacted Lynch later that day by telephone, saying the driver had cost him money.

Lynch claimed that despite telling his boss that the order had been cancelled, Greene was very aggressive towards him and Lynch said that he asked that any money owed to him be paid.

Lynch’s wife received a cheque on his behalf for €700 and his p45 the following week.

He told the tribunal that he had not worked since but when he was shown pictures of himself in the driver’s seat of a digger at the site of the Ennis bypass, Lynch said that he had been testing the machine and had not received any payment for the half-day he spent on the site.

He denied suggestions that he was working at the bypass for his brother and that he had left Green’s employment planning to do so.

In evidence, Green said that he had employed Lynch on a flat wage of €480. He said that Greene did not show up for work on September 1.

Greene said he spoke to Lynch the following day and Lynch said he wanted a wage rise. The figure of €500 a week was agreed.

Lynch took a week’s holidays later that month and two weeks’ wages were made up and paid to him.

The day after the driver returned from holiday, his employer got a call from the manager of the Moneypoint Quarry to tell him that Lynch was planning to leave.

Green told the Tribunal he went to the lorry which Lynch normally drove and saw that all of the employee’s personal belongings were gone from it.

When he contacted him, Greene said that Lynch told him he was “sick of it” and that he hadn’t been paid that week. Greene explained that he had received two weeks’ wages to cover his holiday week but Lynch said he wanted his p45.

The tribunal found that the claimant did not produce sufficient evidence that he had been dismissed.

Categories
News

€10 million spent on just three children

A MID-WEST unit for disturbed children, which cost the tax-payer €10 million, has catered for just three children since it opened it 2003.

Coovagh House in Limerick closed just three months after it opened and remains shut. Severe staffing difficulties have been blamed for the continued closure.

The unit – which was purpose built to cater for children who are disturbed and require intensive attention – opened behind schedule in September 2003. Initially, it was recommended that the unit would need 38 staff for five children and this was later to be reduced to 22.

The centre now has a staff of 32 but it needs 46. The unit cost €5.1 million to build and another €5 million in wage bills, running costs and security costs, according to figures drawn up by opposition health spokesman, Richard Bruton.

“Millions in taxpayers money is being wasted while children in need of urgent special care are instead being placed in private residential units costing the State up to €10,000 per week,” Deputy Bruton said.

In a reply to queries from the opposition spokesman, the Health Services Executive said Coovagh House would re-open once the staffing quota had reached 46, including the appointment of a senior clinical psychologist and the appointment of a management advisory committee.

At the time, the HSE said it envisaged that the unit would open for referrals in December, but this was dependant on additional staff being recruited and the unit being certified by the Irish Social Services inspectorate.

Categories
News

Carmody company turns healthy profit

THE company controlled by former GP, Paschal Carmody, Lyntondell Ltd, which was recently convicted of selling unlicensed medicines, had a positive balance of over €120,000 in its most recent returns to the Companies Office.

At a recent special sitting of Tralee District Court, Mr Carmody, Ballycuggeran, Killaloe, was fined €1,500, ordered to pay €10,000 in costs and expenses and given a 10-month sentence suspended on condition that he be of good behaviour for 12 months.

Lyntondell Ltd pleaded guilty to five summons of selling unlicensed medical supplies. The company was fined €1,000.

And according to accounts returned to the Companies Office last July, Lyntondell had a positive balance of €128,308 to the end of 2003. Mr Carmody, along with Mr Jay Daly, are listed as directors of the company.

Two other companies, Heddonvard Ltd and Tinerana Ltd, with which Mr Carmody has been involved, have not been performing as well. Heddonvard also has a previous conviction for the unauthorised supply of medicines in January 2004, when it was fined €1,000.

Its most recent returns, last June, show that the company had a negative balance of €40,736 to the end of May 2004. The accounts also listed Mr Carmody’s wife, Dr Frieda Keane Carmody, as company secretary.

In relation to Tinerana Ltd, the accounts show that Pascal Carmody served as a director with Dr Keane Carmody in 2002 and 2003, but resigned in 2004, leaving his wife as the sole member of the company.

The company had a negative balance of €100,605 to the end of December 2003 in accounts lodged last July.

Mr Carmody was removed by the Medical Council from the medical register for misconduct in September 2004.

His defence counsel Brian McInerney told Tralee District Court that Mr Carmody “has fallen very considerably from grace. This process took place almost in a fish bowl under the bright lights and glare of the media at every twist and turn”.

Mr McInerney said that the father of five children, aged between 15 and 21, “is virtually unemployed and unemployable. At the age of 58, Mr Carmody wishes to look forward now, not backwards, and to make the best of what is left of the remainder of his life.”

Categories
News

Fund and games

EIGHT locally-based Clare voluntary and community organizations have received funding as part of a €3.68 million nationwide grants programme from the Department of Community, Rural and Gaeltacht Affairs.

Almost €60,000 worth of funds was allocated to Clare organizations with the Clare Federation for the Mentally Handicapped topping the funding list with a €20,000 grant.

The Ennis based Congress Information and Opportunity Centre also received significant funding as they were allocated two separate grants amounting to more than €17,000.

Other organizations to receive funding include Iniscealtra Community Development (€7,282), the Leon Committee (€5,525), the Alfa Project-Active Learning for Adults (€5,247), the Kilnamona Community Centre Development Committee (€3,576), the South West Clare Community Radio (€3,600) and the Clare Women’s Network (€1,530)

Speaking at the announcement of the grants the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Noel Ahern welcomed the funding.

The €3.68 million of funding will go to 355 community and voluntary organizations across the country, bringing the total funding under this year’s programme to €5.88 million.

Categories
News

Splash the cash

SOCIAL and community projects in Clare have so far benefitted to the tune of €58.8 million from the National Development Plan (NDP). To date, €13.8 million has been approved for childcare facilities. €18.5 million was allocated to non-national roads. Money was also spent on water services, the Rural Transport Initiative (RTI), broadband, the Cliffs of Moher Visitor Centre, the Youthreach programme, social housing, a new slipway in Ballyvaughan Bay and three Community Partnerships.