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Shannon plan could hit development

A PLAN to manage and protect the quality of water in the Shannon and it’s lakes will have major effects on OCAVo) Co) o) eater LMU DOME Duct KMmIelUKOlUNNC MMH ETc waterways, mid-west representatives have been told.

Work on the plan has been on-go- ing for six years and a draft plan will be ready for December with a six- month public consultation period to follow.

But while initial details of the pro- posal will be available from then, concerns are mounting in the region

over a Separate proposal to drain wa- ter from the Shannon to help meet demand in Dublin.

A meeting of the Mid-West Re- gional Authority last week was told that “major changes” in relation to future development along the shores of the Shannon can be expected.

‘There could be no development in some areas,’ RPS consulting engi- neer, Alan G Barr told the meeting.

He added than an embargo on de- velopment in some areas will have to be addressed in terms of zoning by the Clare County Council and other local authorities involved.

Water purity testing has been car- ried out in the river by the Envi- ronmental Protection Agency since 2006 and this is one of the main parameters being used in formulat- ing the proposals for protecting the Shannon.

The plan is expected to recom- mend having protected areas along the banks of the river and the shores of lakes. Other recommendations are thought to include a ban on forestry, going as far as the removal of exist- ing trees and set-aside of agricultural land. Meanwhile, elected representa- tives in Clare have been expressing

varied views on the proposal to take water from the Shannon and deliver it to Dublin.

Cllr Colm Wiley said at a meeting of the county council that the author- ity could “take any compensation money and use it to drain farm land which is flooded for most of the year in Clare”’.

Cllr Brian Meaney (GP) said that the reality for Dublin is that there are just two options “one is distillation which is too costly and the other is to take water from the Shannon. This will significantly affect the levels of water in the Shannon”.

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Six local bands to rock out in Glor

THE spotlight falls on six of Clare’s brightest new bands at a concert in Glor on November 8. Six bands have been selected from the Clare Youth Service – Music Project Bands Com- petition, to perform at the Ennis venue.

The competition took place over two days in September will a strong line up of competition from fifteen bands throughout the county.

The music ranged from metal, rock, indie and rocktronica, after taking an hour to decide the judges finally

selected the winners from the com- petition to perform in Glor. Prizes awarded on the night were Joint Best Originals Marble Chips and Cities, Best Overall Band, Th’Rush and Runner-up Band, “Marble Chips” in addition to prizes on the night bands who won best originals will have their originals professionally recorded.

Youth Worker Jean Tierney said the concert in Glor provides a great opportunity for local talent to shine.

“The gig in Glor has always pro- vided something special and memo- rable for the audience, this is a fan-

tastic opportunity for people to get a taste of some of the exceptionally talented musicians in the county. It is obvious from the excitement and performances on the night how pas- sionate and dedicated the musicians are, this gig has always proven to be the highlight of the year and will be a night to be remembered.”

Doors open at 7.30pm on the night and tickets can be purchased from e1- ther Jean Tierney at the Youth Centre 065 6845356 or Gl6r box office, tick- ets are €15.

Meanwhile, CYS Music Project are running workshops for young mu-

sicians interested in working with other musicians who would like to develop new skills, improve their techniques, form a band and have the opportunity to take part in next year’s bands competitions to compete with other bands for a spot in glory 2009. Workshops are in drums, guitar, bass and singer-songwriting.

Introduction for the workshops is being held in Clare Youth Service Sunday 02nd Nov 2-4pm. Work- shops cost €30 and run each Sunday for four weeks.

To register or for further informa- tion contact Jean on 065 6845356

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Urine sample went untested for two months

TWO months elapsed before a sam- ple of urine was tested for the pres- ence of drugs at the Medical Bureau of Road Safety, due to the Christmas backlog.

SUiiMoselucemnre meebo MmmClebubercams ele case of an east Clare man, accused of driving under the influence of an intoxicant. While his urine sample was sent away for analysis just days after he was stopped by gardai, the test for the presence of drugs did not take place for two months.

Niall O’Gorman (21), of MHur- lestown Meadow, Broadford, was charged with the alleged offence, at Hurdlestown, Broadford, on Novem- ber 23, 2007.

Garda Joe McGlynn told Ennis Dis- trict Court that he was carrying out a checkpoint shortly before midnight on Friday, November 23, 2007.

He said that a car was driven around a bend at great speed and in an er- Teele Com eaten evele) m

He stopped the driver, Mr O’Gorman. He said he got a strong smell of cannabis from him, his speech was slurred and his eyes were glazed.

He searched the car and found a half joint of cannabis in the ashtray. He brought Mr O’Gorman to Killa- loe Garda Station, where he provided a sample of urine.

The following Monday, the garda sent the sample by registered post to the Medical Bureau of Road Safety. On December 20, he received a certificate from the Bureau, which

stated the result for the presence of alcohol was ‘nil.’ Three months later, on March 20, 2008, he received no- tification from the bureau, indicating the presence of cocaine class and cannabis class in the urine.

Defending solicitor Daragh Has- sett said his client denied that he was travelling at speed. He said his client accepted that he had smoked canna- bis in the past.

However, he said the accused would deny that his speech was sounding slurred.

‘He didn’t say that was his joint. There were two people in the car,” said Mr Hassett, to which the garda replied, “No he didn’t, but I got the smell of cannabis from his breath.

“Judging by his driving initially, then the presence of cannabis in his car and the smell of cannabis from his breath and the presence of ash on his clothes would arise my suspi- cions,’ said the garda.

Mr Hassett asked the garda did he make a recommendation for the sam- ple to be tested for the presence of ora b ees

The garda said he asked the doctor to write it on the certificate which was Sent to the bureau, “to try and as- sist the Medical Bureau. I was under the impression the driver was driving under the influence of drugs.”

Mr Hassett then called two witness- es from the Medical Bureau. One of them, Grainne Harrington, said she received the sample of urine in the post on November 27, 2007, and be- gan testing it on December 12.

She signed off on the analysis on

December 20 and sent notification to Mr O’Gorman and also to the garda the following day.

She said the sample had not been immediately tested as “we are ana- lysing many, many samples every Chae

She said that while samples are awaiting testing, they are stored in refrigerators and said the time span would not be unusual.

Ms Harrington said that the sample returned a reading of ‘nil’ for alcohol and was then passed to a colleague to test for the presence of drugs.

Mr Hassett then asked her why the test for the presence of drugs did not take place for three months. She said the bureau was extremely busy over

the Christmas period.

Four or five scientists work on drug analysis, while six or seven are em- ployed in the area of analysis for al- cohol, she said, and the work is d1- vided out.

Susan McDonald, also from the bureau, told the court she tested the sample of urine between January 28 and March 20, 2008.

Mr Hassett put it to her that there was almost two months of a gap be- fore the sample was tested for drugs. She said this analysis was com- pletely different to the analysis for the presence of alcohol. Analysis for the presence of seven different drug classes takes place.

“There are lots of different proc- esses involved,’ she said.

“Two months and one day had elapsed before you began to test this sample. This is not in compliance with Section 19 which calls on the bureau to carry out a test as soon as is practical,’ said Mr Hassett.

She replied, “It was done as soon as was practical. Other samples were being tested.”

She said samples were stored in re- frigerators while they were waiting to be analysed, “so the content of the specimen is not in doubt.”

Asked by Inspector Tom Kennedy, prosecuting, had there ever been any difficulty with a sample due to the lapse of time, she replied, ““There has been no difficulty with analysis.”

Asked did the wording, by the doc- tor, on the sample, have any signifi- cance on the test, she said it hadn’t.

Inspector Kennedy said the critical

issue was that the sample remained good.

“It’s in accordance with procedures and that’s what is there,’ he said.

However, Mr Hassett said it was incumbent on the gardai to get the samples off to the bureau and for the bureau to analyse the specimens as quickly as possible.

‘Ms Harrington appeared to suggest the delay in the certificate of analysis was due to the Christmas backlog. I don’t think the Road Traffic Act had that in mind, sure there will be a lot of drink drivers at Christmas. There is a delay of three months here for a positive drug analysis,” said the so- licitor.

Judge Joseph Mangan then recalled Ms McDonald, asking her, “Am I to understand this sample stood in a queue for two months and one day for no other reason than there were other samples to test?” She said that was the case.

Inspector Kennedy then said the defendant had not been disadvan- taged by the delay.

“The State has six months to bring a case like this,’ he said. However, Mr Hassett disputed this.

“Of course there is prejudice. He got a certificate in December to say the sample was nil (for alcohol) so he assumed he was out of the woods. He was prejudiced by receiving the cer- tificate three months later,’ he said.

Judge Mangan said he would de- liver a ruling on the charge later this month.

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Religious order apply to rezone lands

A RELIGIOUS order is bidding to add millions of euro to the value of its property outside Newmarket-on- Fergus by applying to Clare County Council to have 32.5 acres rezoned for housing.

The Sisters of Charity of the In- carnate Word are seeking to have a sizeable portion of their landbank at Carrigoran rezoned for residential use.

The order purchased Carrigoran from the Fitzgerald family in 1925 and since 1974 have operated a 116 bed retirement centre, including a 20

bed dementia unit.

The centre is run on a not-for-profit basis and receives no direct state funding. With the Newmarket-on- Fergus by-pass, the lands at Carrig- oran have been cut in two and the nuns are seeking a large proportion of their lands on the Newmarket side of their landbank to be rezoned.

The submission states that the nuns own 95 acres, including 22 acres of Lough Gash and are seeking that 32.5 acres be rezoned for housing and 40 acres for open space.

The order has employed well- known architects, Murray O’Laoire to lodge a comprehensive submis-

sion which claims that the 72 acres of land on the Newmarket side of the by-pass was zoned for community use without consulting the existing landowner.

The submission states that this was done “apparently at the behest of a third party who had no proprietary interest in the land but who had an interest in developing portion of the lands for community use”

The submission argues that the area zoned for community use is dispro- tortionate to the scale of Newmarket and way beyond planned or projected need. The zoning also places a gross- ly unfair burden on the owner to pro-

vide such a disproportionate area of land for the benefit of community.

Making the case for the rezoning, the submission states that if the land is zoned as residential and open space it will help Newmarket-on-Fergus at- tract the critical mass of population required within the gateway corridor and allow the town grow commer- cially, socially and within a sustain- able framework.”

It is now up to councillors to decide if the lands should be rezoned or not. However, in a blow to the nuns’ pros- pects, council planners have opted to retain the ‘community zoning’ in the draft plan presented to council.

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Helping hand for Calcutta children

SIX years of voluntary service and dedication has seen students at St Flannan’s College raise €50,000 for vulnerable children in Calcutta.

The money was raised for the HOPE foundation, a Cork based charity that works to improve the lives of chil- dren living on the streets and in the slums of the Indian city.

St Flannan’s association with HOPE began in 2002. Since then and with the establishment of the Calcutta Youth Project, students and teachers have travelled with HOPE to work with in Calcutta.

In March 2007 two teachers, Shona Cahill and Liam Ashe, who had pre- viously worked in Calcutta, decided to bring a group of students to work with the Missionaries of Charity

The latest trip took place in Feb- ruary when four students (Stephen

Garry, Lucy Brannock, Ian Corbett and Lisa Grogan) and two teachers (Myriam Black and Elaine Dunne) travelled to Calcutta with the HOPE Foundation to see the work of the or- ganisation first hand.

In Calcutta, the group visited or- phanages and saw vocational train- ing projects.

One student described visits the group paid to some of the cities 5,500 slum area.

“Ultaganda Slum located in the center of Calcutta, is home to ap- proximately 6,000 people who live on an area the size of a soccer field. It was truly frightening and shock- ing to learn that the majority of these families live on 2000 rupees a month, the equivalent of €40. That means they live on just over €1 per day. The adults of this slum are em- ployed as van pullers, rag pickers and maids”.

The trip ended with a visit to the St. Flannans College/ HOPE/ PBK cricket coaching center. 60 children from the Kalighat area and Kid- dapore Slum travel here to train once or twice a week under qualified cricket coaches. After training the children also receive a meal.

Participating in the cricket coach- ing sessions could also provide an avenue for the skilled players to train as cricket coaches and find employ- ment as coaches in schools or cricket oils

The money raised by St. Flannan’s College pays for the coaching fees, hiring the cricket field and also pro- vides uniforms and playing equip- ment.

Preparations are already underway for next year’s Calcutta adventure. On Saturday October 25 St. Flan- nan’s College is running a concert entitled “A night of HOPE for the

street children in Calcutta” in the Friary, Ennis.

There will be performances by Gary Shannon, Michael and Fionnu- ala Rooney, Rachael Mullaly, Dean Power, The Ennis Gospel Choir and The Ennis Youth Choir performing. The concert will start at 8.30 pm and tickets cost €15 each. Tickets can be purchased from Veritas, Mary Kelly newsagents, the Cathedral parish of- fice and the school office in St. Flan- nans. All money raised will be do- nated to the Hope foundation and the Calcutta Youth Project.

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Shannon man told court has no control over media

A SHANNON man has applied to a court not to have his family’s court cases reported in the media – howev- er he was told the court does not have the power to make such a ruling. The application was made _ by Michael James McDonagh (34), of Ballymurtagh Halting Site, Shannon,

at Ennis District Court on Friday.

Mr McDonagh’s wife Kathleen (33), of Cronan Lawn, Shannon, was in court the previous week on public order charges and this was reported in the media.

In court on Friday, his solicitor Tara Godfrey said Michael James wanted to make an application to the court on behalf of himself, his wife and his

IeNOOvENe

‘He is taking exception to the fact that the papers reported on him. He wants to make an application to you on that,’ she said.

“He doesn’t want his cases to be reported on in the press,” said Ms CrerelsKay

However, Judge Joseph Mangan said the only case he was interested

in was the case before the court, where Kathleen McDonagh was ac- cused of breach of the peace at Bal- laghboy halting site, Quin Road, En- nis, on October 8 last.

“I have no power to make that or- der,’ he said.

The judge then asked Ms Godfrey, “How did your client find out there was something he didn’t like in the

paper if he can’t read?”

The solicitor replied, “It must be from looking at the pictures.”

Earlier, Mr McDonagh was ordered to stop reading a newspaper in the courtroom.

“When told by the judge he was not allowed to read the newspaper, he replied, “I’m just looking at the pictures.”

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Three more cases of lead in Ennis water

ELEVATED levels of lead have been discovered in the water supply of three new areas of Ennis. The ar- eas identified by testing carried out by Clare County Council last week are in premises in Bank Place, St Michael’s Villas and Old Limerick Road (off the Clare Road, from Cap- tain Macs Cross to Daly’s garage). According to Clare County Council repeat samples will be taken in all of the above locations to verify results as well as at Patrick Street (Clarecas-

tle), Marian Avenue and Connolly Villas in Ennis.

It brings to eight the number of are- as identified as having problems with the water supply since discovery of elevated lead levels in parts of the County two weeks ago.

David Timlin, Director of Serv- ice with Clare County Council said, ‘Marian Avenue is a particular case in point because of its lead distribu- tion pipes, so residents there have been advised not to drink the water”.

According to Mr Timlin, “Clare County Council will continue to

follow EPA guidelines and will be carrying out surveys to identify loca- tions of concernso that an action plan for the county can be prepared”. He added, information updates will be issued as the current water results are verified by the testing programme. In a statement, the council said re- placement of lead mains has been ongoing over the past few years. The council said that replacing these will take a number of years and consider- able investment. The council also in- dicated that some home owners may have to foot the bill to replace lead

piping stating that ‘Pre-early 1960s premises will also need to investi- gate their own internal plumbing installation and consider replacing any lead services or fittings that are within their own property’.

The advice for homeowners re- mains to run a sink full from the cold water tap in the kitchen, particularly first thing in the morning or if the water has been unused in the pipes for longer than six hours. Consumers particularly at risk of any adverse ef- fects of lead in water include children under six, and pregnant women.

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SUS oICePe Re uC IC ICOM Y

INAGH man Flan Garvey will this week become the first person ever to obtain a degree from a college that he is also in charge of. Besides being a member of Clare County Council, Garvey is chairman of the govern- ing body of Tralee IT and will this week be conferred with a degree for his research work on the Inagh and Kilnamona parish.

Flan has just completed a 400 page thesis which is the culmination of 3 years research into the long and proud history of the area.

‘“‘T have huge a whole host of sources in compiling this information. I have trawled through the national archives in Dublin and have also been through the records left by the six schools which used to operate in the parish,” said the Fianna Fail councillor.

“We had two creameries in the parish long ago which are now both gone. Those creameries tell the story of the parish in a very interesting way. There used to be 300 farmers in Inagh creamery alone in the 1940s, now the creamery is gone and there are only three farmers left in the area who are producing milk.”

As well as utilising a myriad histor- ical and biographical records on the locality, Flan also conducted a series of interviews with elderly people liv- bOTcaB DOO atomOr-DuLIOE

“The research goes back very far. I studied a soil analysis taken in the parish which traces how the geogra- phy of the area has developed over the centuries. So, unless you go back and talk to God you can’t go back any farther than that,” he continued.

“I tracked the history of the vari- ous invaders who came into this part of Clare and the history of the monks who came to Inagh back in

the 1640’s. I have interview old peo- ple and young people about different things which have gone on in the par- ish. I interviewed an 98 years old man last week to get his memories of the area.” Once he graduates, Flan hopes to publish the book as the definitive history of the parish of Inagh.

“Once I finish up the thesis I think I will take a break for it for awhile but after that I do intend to publish it,’ he Leyslw pel eterem

“I don’t have any exact time frame or even a name in mind yet but it would be great to publish it in due course.”

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Teachers union lash out at cutbacks

INCOMING president of the INTO, Corofin native Declan Kelleher lashed out at budget measures which will affect class sizes in his presi- dential speech at the weekend and he was supported by Bishop of Killaloe, Willie Walsh.

Speaking to 450 delegates at the Presidential dinner in the Falls Ho- tel in Ennistymon, Kelleher said he “could not allow the week to go by without reference to the devastating, and savage attack on the education of

our four to 12-year-olds by Minister Brian Lenihan aided by Education Minister O’ Keeffe.”

He described a post-budget state- ment that cut backs would have no negative effects on primary school children as “mind boggling. What planet is the Minister for Education living on? Promoting four year olds from being in the second largest pri- mary classes on the entire continent of Europe to being in the largest and most overcrowded of all is a direct negation of all that the vital years of early childhood education in our in-

fant classes stand for,’ he said.

He asked how it would be possible to educate primary school children “in herds” and still get them to real- ise their potential.

“And how do you protect the child with special needs, with learning dif- ficulties or the child without English as a first language in the context of overcrowded, stifling, unsafe and un- hygienic classrooms?”’

Wishing the new INTO president well in his office, Bishop Walsh said that the “last week has radically al- tered the landscape in relation to the

economy .

‘The fear is that the budgetary con- straints will have a hugely negative impact on the provision of primary education. I am particularly aware of the immensely valuable work that our teachers have provided through language support for our new Irish. Our schools and teachers have of- ten been the first face of welcome to this country. Equally they have often been among the first providers of in- tegration into the local communities. I fear greatly that this work will be hampered and diminished.”

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Terrace re-zoning plans floated

RESIDENTS of an entire terrace in Ennis have taken the unusual step of seeking to have their homes zoned for commercial development to in- crease their market value.

The owners of 33 homes along Steele’s Terrace, opposite the court- house and Fairgreen, have lodged a submission with Clare County Coun- cil to have their homes rezoned to

allow small-scale commercial activ- ity take place and have employed a planning consultant to advance their case.

In a comprehensive submission, the council has been told that when Steele’s Terrace was originally zoned for residential purposes, the houses were occupied by indigenous fami- Wty

This is not the case today as most of the houses are rented to transient

occupiers so the need to retain resi- dential usage for families is not as great. A small number of the houses are used as medical offices since the early 1990s.

“The terrace is now on the town- side of a substantial retail land use at Sheil’s and beside prime land at Kelly’s corner which will be redevel- oped for commercial purposes. It is also opposite the courthouse, which has been redeveloped.

‘The general pattern of the develop- ment has changed substantially over the last number of years and there is a local demand for small offices for solicitors, accountants similar to Bindon Street.

‘The houses in Steele’s Terrace are old and were built to different resi- dential expectations. They cannot compete with modern purpose built residential acccommodation from the point of view of bedroom space, toilet accommodation, general stor- age and living space.

‘The terrace is part of the archi- tectural heritage of the town and its use for office/residential accommo- dation would not adversely impact on this designation. A similar situa- tion obtains in Bindon Street and the character of the street has not been compromised by its commercial land use.

The planner’s report on the rezon- ing application states that “rezoning to permit commercial uses would in effect be extending the town centre along a 300 metre finger of develop- ment fronting the Gort Road. The draft plan has already rezoned two terraces on Carmody Street to permit commercial uses suited to this type of property”’.

The report concludes that the ter- race be retained for predominantly residential use.

SW elemnterDme(crersCoIROemseomerrlncu ens be made by members of Ennis Town Council and Clare County Council.