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Building lobby hits out at penalty policy

THE NEW Government policy of going for construction contracts that heap all risk of price over-runs onto the contracting company is going to elbow out medium and small build- ing firms and cost the taxpayer more in the long run, it has been claimed.

President of the Construction In- dustry Federation (CIF), Hank Foga- rty stated that the new public sector construction contracts would push up the price of building public infra- structure in Clare and damage small and medium contracting companies throughout the county.

The CIF president further criticised Government for ignoring the indus- try view on the changes and for aban- doning the principle of partnership that was the hallmark of successful construction contracts throughout the rest of the world.

Fogarty was speaking at a CIF In- ternational Conference titled “New Directions in Construction Procure- ment: International Best Practice’, held in the Davenport Hotel last week.

“In Ireland, a country in a unique period of infrastructure catch-up and one whose long-term sustainable

economic development depends on ST e-Ne BLOr-LBUNTSM sD. GR IBUNTSA-H OCG Moy pas) Uca DAMN ITE frastructure bottlenecks, it is critical that we get the contracting relation- ship right. This is particularly so as we embark on a new and ambitious National Development Plan that will run to 2013. However, any independ- ent examination of the new contracts will show that Government has got it wrong,’ he said.

The CIF president said that the principles of risk recognition, risk sharing and risk management and, more importantly, the principle of partnership had been abandoned by Government in favour of the princi- ple of risk transfer at any cost.

The experience elsewhere is that this type of contract simply leads to confrontation and conflict. He added that the adoption of such a model meant that smaller and medium com- panies, of which there are many in Clare, couldn’t compete for Govern- ment contracts.

‘The industry has asked Govern- ment on a number of occasions to look at the alternatives.

“Unfortunately, this had not been done and the negative consequences will become apparent over the com- ing years,” Mr Fogarty said.

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Dangerous truck

ALLOWING a dangerously defec- tive lorry on the road when it wasn’t road worthy was an “accident wait- ing to happen”, according to a judge.

Patrick Buggy (53), a haulier from Kyle, Stradbally, Laois, was convict- ed of a number of offences, after one of his drivers was stopped at Killula, Newmarket-on-Fergus, on Novem- ber 2 last.

He was convicted of being the owner of a dangerously defective vehicle, of having recording equip- ment which was not functioning cor- rectly and having an unlicensed semi oem

The court was told that two tyres on the tractor unit were completely worn and the diesel tank was not properly in place.

Garda John Ryan told the court that the tachograph was inspected and showed the vehicle had been driven at 120 kilometres per hour, when the maximum speed for this vehicle should have been 90kph.

Judge Aeneas McCarthy said the vehicle presented a huge danger on the road, driven at high speed with no threads and the diesel tank was not properly secured.

“To send a truck out on the road with those defects beggars belief that a reasonable person could do that. It’s an accident waiting to happen. This was a dangerously defective truck, driven at high speed. It could have caused a major accident and killed people,’ he added.

“There is carnage on the roads. If there was an accident, I don’t know what could have happened. This ve- hicle wasn’t road worthy. It was so unroadworthy the garda impounded it. I wouldn’t be doing my duty if I didn’t disqualify him,” said the judge.

He imposed fines totalling €2,250 and disqualified Mr Buggy from driving for six months. He fixed re- cognisances in the event of an ap- peal. He issued a bench warrant for the arrest of the driver, who 1s from Lithuania.

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Candidates called to account

CLARE’S Dail hopefuls are to be evaluated in report cards to be pub- lished two days before the general election.

Residents of Riverview will release findings of their own opinion poll on May 22. The report cards will judge candidates commitment to the two year campaign waged by residents against the siting of a mast at an ESB substation in Cahercalla More.

Residents are currently engaged in a costly high profile legal battle with the ESB. They are seeking a judicial review of An Bord Pleandala’s deci- sion to grant planning permission to the ESB.

The case was due before the courts in March but is not expected to be heard for at least three months.

Residents are unhappy that the pro- posed site is located near the the Eire Og playing grounds and a number of residential areas as well as St Flan- nan’s College.

A spokesperson for the residents said, “over the past two years we have found ourselves in a battle for our democratic rights. One always assumes that the democratic process will protect you if you abide by it. To be told by a government agency that you and your families are to be sac- rificial lambs for your Governments plan in the national interest is simply intolerable.”

The residents admit scoring for each candidate is subjective, but in- sist it needs to be published. They hope the report card will influence the deicisions of voters on polling day.

The spokesperson continued, “The last two years have been very inform- ative for us, when this issue came to light the reaction of our elected rep- resentatives varied greatly. Some of them we never heard from and two years later still have not.

“Others have campaigned tirelessly at the highest level for two years and have publicly acknowledged that in- justice was happening, and others paid us lip service, had the obligato- ry letter sent from their constituency

office and at the same time more or less told us, tough, someone has to suffer, this is good for the economy. “It was very apparent to us that there are three types of politician. The first one just wants to get elected and won’t come near us again for five years, the second type is the public representative who will genuinely try to represent their constituents to ensure that justice applies to all, and the third is the one who feels that they are our political master, and are there to govern us, not represent us. “Many people voting in this elec- tion will, over the term of the next government, find themselves in need of political assistance. We hope that this will act as a guide for them.”

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Michael throws winning cast

STRONG wind failed to prevent Kinvara’s Michael Curtin from cap- turing the Ingle Memorial Angling Competition in Ballyreen on Sunday. The annual event, which is run each year by the Lisdoonvarna Fanore Sea Angling Club attracted a large turn- out of anglers from all over the west.

Curtin captured the senior title with a very good score of 150 points. He

was followed closely in second place by Tom Faley of Limerick on 137 points.

Ruan’s Michael Foudy was the lead- ing Clare fisherman claiming third place with 89 points while Clarecas- tle’s Joe Birney finished fourth on 45 points.

The juvenile category was domi- nated by Clarecastle anglers with Sean Copley (34 points), Joseph Bir- ney (22 points) and Liam Potter (10

points) rounding off a one, two, three for the town.

In total 33 fish were landed in choppy waters included Conger eel, Pollack, Lesser Spotted Dogfish, Wrasse. The heaviest fish of the day was a Conger Eel weighing 8kg and was caught by Tom Faley from Lim- eee

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Law not politics

AN anti-war activist has been told by a judge that the district court is not an arena for making political NR eet elie

Judge Aeneas McCarthy made the comment in the case of Conor Cre- gan, who 1s facing two charges un- der the Air Navigation and Trans- port Act, arising out of an incident at Shannon Airport in July 2006.

Mr Cregan (34) of Cronan Lawn, Shannon made eight applications at Shannon District Court on Thurs- day.

The accused, who represented himself in court, said he was look- ing for CCTV footage from the date of the alleged incident.

The judge said whatever evidence in the possession of the State should be handed over.

Mr Cregan made a number of oth- er submissions 1n court, which were refused by the judge.

He sought a detailed list of all those refused entry to the airport

and a list of the military traffic which went through, eight weeks prior to and after the invasion of Iraq.

He also sought a detailed list of gardai and airport police personnel who manned the gantry on a par- ticular date and copies of all note- books and disciplinary records of gardai and airport police staff who would give evidence in the case.

Judge McCarthy said he was refus- ing the applications, saying, “This court is not for the purpose of mak- ing political statements. The matter before the court is charges in rela- tion to you. The court is not obliged to give you information on foreign aircraft arriving in Shannon.”

Mr Cregan said he was not endeav- ouring to make a political statement and that the matters pertained to the charges. Judge McCarthy said he had refused all applications on the grounds that they were not relevant to the matters before the court.

The case was adjourned until next month.

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Bringing out the Mediterranean touch

AN exhibition of vibrant paintings by Irish artist, John Hughes will be on exhibition at the Ennis Art Gal- OMAN Woe ©

Born in 1973 in Kildare Town, John left Ireland 10 years ago to live in Spain. The move had a major im- pact on his art.

John explains, “My palette changed from greens, blues and tones of grey to encompass the rich reds, yellows and purples of Spain.”

SERMON Str molBeCnNmPNNELeCo eer! by El Bosch, Breugel, El Greco, Van

De Weyden and Goya.

“My experience of life and constant gallery visits have served to mould me. I enjoy painting nature and peo- ple. Although I feel I’ve taken notes from so many artists that I could eas- ily fill the page with their names.

“T went to Stillorgan art founda- tion course for one year and that was great in that I met other people but I always knew that I wanted to paint. I know what I want so I wasn’t at- tracted any further down that road.”

John continues, “I loved how the tree trunks become stills or support- ing struts in the paintings, they help

to contain blocks of colour and lend a certain order and security to the works. I enjoy the bursts of colour and flares of colour that Spain has to offer, they seem so unreal.”

Up to 50 works or art will be on public display in the Ennis Art Gal- lery with prices ranging from €300 to €4,000. The Ennis Art Gallery is situated in the centre of Ennis and exhibits quality contemporary Irish art by established and emerging art- ists.

The gallery is on two floors-the eround floor exhibits work from var- ious Irish artists and the first floor

holds a mix of solo and group shows throughout the year.

Artists currently exhibiting in the gallery include Brian Ballard, John Brobbel, Gerard Casey, Sean Cotter, Clare Cryan, Jack Donovan, Lesley Fennell, Michael Gemmell, Trevor Geoghegan, Carol Hodder, Amy Hoedemakers, Patricia Jorgensen, Gavin Lavelle, Paddy Lennon, Bob Lynn, John Morris, John Nolan, Sen- an O’Brien, Yanny Petters, JP Roon- ey, Annie Robinson, Rose Stapleton, Ger Sweeney, Carol Ann Waldron, Manus Walsh and Kenneth Webb.

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Clare league moves closer to summer soccer

FURTHER details have been an- nounced about the Clare league’s plans for summer soccer.

In a statement the CPSSL say that summer soccer will allow children to have a safer, more enjoyable and cer- tain sporting experience. The ben- efits of switching to summer soccer have also been outlined.

These include; increased playing Opportunities for all; more enjoy- ment for players, parents, volunteers, coaches, managers and referees; chil- dren and families have more enjoy-

able soccer experiences; designated fixture days and timetables; minimal fixture disruption; increase in over- all training and playing standards; increase in volunteers as playing sea- son will be shorter.

According to the league the bad weather experienced during October, November, December 2006 and Jan- uary 2007 influenced the decision.

“It 1s true that the weather experi- enced this winter has led to the can- cellation of most fixtures during this time. This has led to immense frus- tration amongst coaches, parents, and most importantly, the children,

but the decision to play summer soc- cer was made at an AGM in 2005. This decision was ratified at the 2006 AGM. Besides the cancella- tion of fixtures, one of the principle reasons to play in the summer is so that children can train and play in weather that will make it safer and more enjoyable.

“Playing in the summer will also mean that children no longer have to play in slippery mud baths. This will lead to improvement in playing conditions and improve safety and enjoyment.”

There is also full agreement be-

tween all parties on the joint sched- uling of soccer and Gaelic games.

“The fixtures programme has been drawn up and agreed by CPSSL, Bord nOg Peil and Iomaint, so that with local co-operation between the various sports, each code will have fixtures on designated days. It has been agreed not to arrange fixtures on days that have been allocated to other sports.

“It 1s hoped that local co-opera- tion will mirror this arrangement with regard to training and challenge matches.”

The statement continues, “It will be

up to clubs at local level to make ap- propriate arrangements.

“It is understood by those who are involved in management and coach- ing that a child’s sporting ability will improve by playing different sports and mutual respect will need to be given to the needs of all in the com- munity”.

Each club in the CPSSL will hold an information evening in it’s region to further inform players and par- OLE

They will also give a detailed out- line of the season structure and lo- cally agreed arrangement if any.

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No bail for ‘out of control addict

A JUDGE has refused to grant bail to an “out of control” young drug addict who has admitted several bur- glary charges, as he feared he would immediately re-offend.

Gerard O’Connor (18), of Chapel Street, Killaloe, pleaded guilty to more than 20 charges, including bur- glary and criminal damage of vari- ous business premises in Killaloe, between September 2006 and Febru- ary 2007.

Garda John Mulvihill told Shannon District Court that the burglaries were for the accused’s personal gain, “to feed his alcohol or drug habits”.

Judge Aeneas McCarthy said, “I cannot understand how someone with this amount of charges is still at large.”

Defending solicitor Daragh Hassett pointed out that the accused was in custody, having been arrested last

week.

Mr Hassett said his chent “went on a rampage with others and caused serious disharmony. He was stealing, breaking into premises and caus- ing damage at will, until the gardai caught up with him.”

“He has got seriously and heav- ily involved rhe) erat nea since his mid- teens,’ said deTomro) een KO)

He said the accused was “out of con- trol”, smoking cannabis and taking speed, while he was Ko repsew ame B ie! the offences.

“He was, to

some extent, relieved to be caught,” he said.

Garda Mulvihill agreed that the ac- cused did not have a lot of guidance from home and that he had devel- oped a serious drug problem.

Mr Hassett said his client required

treatment aI Bushypark or an equivalent unit, without delay. He said he had been assaulted twice during the past week in St Patrick’s Institution, ““be- cause he is from WeomeOltbe LOM Ae Judge McCa- rthy said he was not willing to release the ac- cused on to the streets “to com-

mit more crime, until I am satisfied there is a place for him in Bushypark and that he is prepared to take that re) e-Nerome

He said he had no doubt but that the accused would re-offend, if granted ey nee

“I have a duty to this man and [| have a duty to society so that it is not affected by this man’s criminal be- haviour,’ said the judge.

“This is the real world. I’ve no doubt if I release this man, he is going to do the same thing again tonight because he needs money for drugs,” he said.

The judge remanded the young man in custody to Limerick prison for a month. He ordered that a Pro- bation report be carried out, with emphasis on residential placement for substance abuse.

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Burren gets unusual resident

THE Burren is proving to be a happy home for the most unusual of resi- dents. Not native to Ireland, and ex- tremely rare in most of the country, the Slow Worm, or Anguis Fraglis, has taken up residence in the lime- stone and rock of the Eastern Burren.

Despite its name and appearance, the Slow Worm is neither snake nor worm. It is, in fact, a legless lizard and was introduced to Ireland some- DUOC DOM UNM ER MOONRETA YA

One such lizard was discovered by a group of locals last week and brought to fascinate the children of Carron National School before being

released into the wild.

“IT was walking down the road with a cow when | came upon the Slow Worm. They like to lie out on the rocks and on the stones and soak up the sun. This is possibly why he was lying out on the road, he was soak- ing up the sun,” said local man Wil- lie O’Reilly who found the unusual reptile.

“We came across another one a couple of years ago in and around the same area. They are not natural to Ireland but were introduced from abroad at some stage in the past. For some reason, they seem to like the area around the east of the Burren.

The Slow Worm is native to main-

land Europe and is usually found in grassy areas and woodlands. It is unknown how the lizards came to Ireland and why they have a strange fascination with the Burren.

“If they get caught by a bird, they can let off their tail and escape. The bird can still feel the tail in their mouth so they don’t come after the Slow Worm. Their tail can then grow back. This one had more of a stump rather than a tail so it looks like he had to shed his tail recently enough,’ continued Willie.

The Slow Worm, discovered in the Burren, was just eight inches long but they can grow to as long as 18 inches. After being given a tour of

Carron National School, the lizard was released back into the wild in a townland know as Glencolumbkille, beside where he was discovered.

Although they are often mistaken for snakes, these Slow Worms have small eyes with eyelids that blink and a notched tongue rather than a forked tongue.

A fully-grown adult can live to about 30 years in the wild and up to 54 years in captivity.

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Council warn of wuff justice

THE amount of litter on the prom- enade at Clare’s premier beach resort has been slammed as “an absolute disgrace”.

Green party election candidate, Cllr Brian Meaney was speaking at last week’s Special Policy Commit- tee (SPC) for the Environment.

“The amount of litter at Lahinch is really shocking and is an absolute disgrace.

“Great care and attention should be given towards ensuring that Lahinch has a positive image. The county council is charging a premium for people to park their cars in Lahinch and that money should ensure that the council keeps the resort clean,” he said.

Chair of the SPC, Cllr Patricia Mc- Carthy (Ind) said, “The issue of lit- ter is out of control right across the county.”

Cllr McCarthy said that the weath- er was particularly good over the past four weeks, but that the council’s summer staff were not in place.

Cllr Meaney said, “If we had clean streets, people would be less likely to throw litter on the streets.”

The council’s Director for the En- vironment, Ger Dollard said, “Clare County Council doesn’t put down lit- ter. It cleans it up and the community needs to take on the problem of lit-

os

Mr Dollard said that litter bins had been placed at all beaches in Clare now.

He also confirmed that the contro- versial ban on dogs at the county’s beaches would be re-introduced on Ait stou e

The council would not shy away from imposing fines on those found flouting the the ban. No fines were imposed throughout last summer.

Mr Dollard said that enforcement “will be up a bit higher” than last summer, although he stated that peo- ple wouldn’t be fined for the first of- fence.

Cllr Patricia McCarthy (Ind) said that continuous offenders would be fined.

Anyone found on a beach walk- ing their dogs on Clare’s beaches between llam and 6pm will face an on the spot fine of €125, or a fine of €1,270. The fines apply even where dogs are controlled on a leash.