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CLARE County Council has been warned that policing rates of pay or conditions of employment on the new Ennis bypass, is not its role.

This was one of a raft of cau- tions from County Solicitor, Michael Houlihan to members in a “secret” document circulated at the local authority’s May meet- neta

The contents of the document have until now been confidential, because of a vote by councillors that the press be excluded from the meeting. But, The Clare Peo- ple can now reveal those contents, despite Mr Houlihan warning that the information is legally privi- leged.

In his letter, Mr Houlihan warned the council, “You know how important the Ennis bypass is to the council and the region. We must do nothing that endan- gers the contract.

‘There are statutory authorities charged with policing rates of pay and conditions of all employees. It would be foolhardy for the coun- cil to jeopardise its relationship with the contractor at this vital stage of the development.

‘The council is not a competent authority to police rates of pay or terms and conditions of employ- ment, and should be careful not to assume this role either now or in the future.”

Mr Houlihan continued, “There is nothing to prevent GAMA from contracting with its employees for the payment of wages in a manner different to our standard practice, provided the wages are not lower than those established for the in- dustry where the work is carried out.”

Mr Houlihan warned of serious potential consequences, in terms of cost, of a breach in the con- tractual relationship between the council and contractor.

“Alternatively, this may trigger a potential action from a disap- pointed tenderer who may take the view that GAMA may have an unfair advantage, and this may expose the council unwittingly to a claim for damages of a very se- rious nature,’ he wrote.

“T deem it vital that there is no publicity emanating from man- agement or members of the coun- cil which could interfere with the contractual relationships that cur- rently exist.

“IT emphasise that this advise is given not to inhibit or muzzle the comments that you choose to make, but merely to preserve the legal status of both the council and contractor and its existing re- lationship in the light of the cur- rent difficulties.

“T would also like to empha- sise my personal concern that all workers employed in contracts with the council are properly treated.”

BROADFORD farmer and Vice-Chair- man of the ICMSA beef committee Martin McMahon was in Birmingham this week to represent the organisation in a unique Farmers For Action (FFA) summit meet- ing.

Mr McMahon, who was joined by the IC- MSA’s dairy committee chairman Domin- ic Cronin, joined with leaders from farm- ing organisations representing farmers on both sides of the Irish Sea to ward that fur- ther actions are planned to highlight the erowing plight of farmers.

The FFA organised a three day strike for its organisations members earlier this month. The purpose of the summit was to co-ordinate efforts in the wake of the strike by farmers on both sides of the Irish Sea to secure fair prices for their produce from the so-called retail giants.

Along with the ICMSA, the National Sheep Association (NSA), the Farmers’ Union of Wales (FUW), the Northern Ireland Agri- cultural Producers’ Association (NIAPA), and the Irish Cattle and Sheep Farmers’

Association (ICSA) were in attendance. “There was unanimous agreement on a course of further action to drive home the message that farmers are not receiving a fair share of the retail price for key prod- ucts such as dairy, beef and lamb,” said FFA leader David Hanly.

“One thing that has become clear is that consumers want farmers to get a fair share; in fact, one pole showed that 78 per cent of consumers would be willing to pay more.” He added that there 1s a commitment from all the organisations to co-operate further, and more protests and activities are being looked at. In the meantime, he challenged the retail giants to publicly accept that farmers are not getting a fair deal and to do something about it immediately. Speaking after the meeting Dominic Cronin said the ICMSA was absolutely de- termined to focus attention on farm prices, and he repeated the demand made by ICM – SA for legislation to govern the minimum price retailers can pay farmers. Mr Cronin said ICMSA was willing and able to build alliances with any other organisations ded- icated to protecting farm income.

NORTH Clare County Councillor, Flan Garvey, (FF) has spoken out against the decision to grant preferential treatment to groups living closest to the controversial Ballyduff Beg waste manage- ment facility when the second round of commu- nity funding is allocated.

Councillor Garvey’s comments come in the wake of a decision made by the local Liaison Committee, ratified at the October 10 meeting of Clare County Council, to allow groups living in the Ballyduff area favourable status when the €55,440 in funding is distributed.

The decision was made on the foot of allega- tions of “obnoxious smells” emitted by the Bal- lyduff Beg facility which are causing discomfort to those in the area. Applications for the second round of funding for sustainable community- based environmental initiatives in Inagh, Kil- namona and Cloonanaha were requested last week.

“If the people around the edge of the dump have a problem then that is a different issue (from the funding) and they should bring their grievances to the County Council separately,” said Cllr Garvey. “It was made clear from the word go that this is a community environmental project and any group or organisation in the par- ish who fulfils the terms as set out is entitled to apply for a share of the €55,000.”

Responding to these comments the Chair- person of the Community Liaison Committee, Councillor Joe Arkins, stressed that funding is only being made available to organisations

rather than individuals and said that it was “un- fortunate” that Cllr Garvey had not attended the meeting when the matter was discussed.

‘As chairperson of the liaison committee it is my responsibility to bring the decision of the majority of the community to the council,” said Cllr Arkins. “It was the decision of the meeting that the next tranche of funding would favour the projects of those who have been adversely effected by the landfill. It 1s up to them to decide

how the funding is to be dispersed and they have done that.”

The local community receives €1.27 for every ton of waste disposed of at the Ballyduff Beg landfill. Since its opening in September of 2002 some 150,000 tonnes of waste have been dis- posed of at the site. It is predicted that the landfill has a capacity of close to 900,000 tonnes which represents more than €1 million of funding be- ing made available to the local community.

THREE Limerick men who came to the atten- tion of the gardai while on a stag party in Lahi- nch last week do not plan to return to the seaside town, their solicitors told a court.

Seamus Corbett, of Garryspillane, Knock- long, and Oliver Hayes and Billy Lynch, both of Knocklong, were all convicted of an offence un- der the Public Order Act, on November 13, last, at Main Street, Lahinch.

Sgt Brian Howard told Lisdoonvarna District Court the three defendants were members of a Stag party.

He said Hayes was extremely drunk and abu-

sive, and told gardai “f*** off for yourselves”. He resisted arrest, fell on the ground and refused to get up.

Sgt Howard said Lynch was extremely drunk and very loud. He got into the patrol car and re- fused to get out. When he eventually got out of the car, he thumped the back of it with his fist.

Gda Denis Curtin said Corbett got into an altercation with Lynch, as Hayes was being ar- rested.

Corbett’s solicitor, Jim Finnegan said his cli- ent, a 33-year-old carpenter, had never been in trouble before and does not drink regularly. Mr Finnegan, who also represented Hayes (30), said his client was very drunk, and when asked to go

home was incapable of complying with the in- structions. Eugene O’Kelly, solicitor for Lynch (35), said his client very much regretted the of- fence, which was completely out of character.

Judge Joseph Mangan asked how frequently did the three visit Lahinch and was assured that none plan to return there.

He remanded them on continuing bail, for a professional report re. substance and alcohol abuse to be carried out and presented to the court next January.

“It might be a good idea if they bring a sub- stantial sum of money the next day, and not for the usual purposes people bring money to Lis- doonvarna,” said the judge.

A JUDGE yesterday granted bail to a man who, it is claimed, threatened to burn his wife’s house Keyan

But Judge Joseph Mangan said he was giving the O’Callaghan’s Mills man bail on condition that he live in Limerick.

Denis Peppard of Keldara, O’Callaghan’s Mills, was before the court accused of criminal damage, and breaching a barring order.

Gardai gave evidence in Killaloe District court of having arrested Peppard after getting a call from his wife in the early hours of Monday morning.

Gardai had asked the court to remand him in custody until the case can be heard.

Garda Colin McGrath said that he responded to acall from Peppard’s wife and found her at her home “in a very distressed state. She alleged he told her that he would burn the house down.”

Garda McGrath said that he took the threat se- riously.

Sergeant Gerard Mulqueen said that at the house, he saw that a window had been broken by having stones thrown through it.

While he was there, Sgt Mulqueen said more large stones were thrown in.

The sergeant told Judge Mangan that the ac- cused man “lives in a caravan on his own land

about 100 feet away from his wife’s house.”

Peppard’s solicitor told the court that her client is contesting the charges and that he would abide by any bail conditions imposed.

After hearing that Peppard works in Castletroy, Judge Mangan said he would agree to bail, pro- vided Peppard lives in Limerick and that he would go there directly. The judge asked if the gardai would drive the defendant into the city in a squad car.

He also ordered that Peppard have no direct or indirect contact with his wife and that he sign on daily at Henry Street garda station.

He was remanded to appear again in Tulla Dis- trict Court on December 1.

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‘There is no doubt that the car-park is necessary as the current situation can be dangerous and inconven- ient. The challenge will be to ensure it doesn’t dis-

turb the unique character of the site, where its beauty is its remoteness”.

Clare Tourist Council spokesman, Paddy Maher, said, “The site is so special that it has to be managed properly, but a carpark is absolutely needed because of the dangerous situation of people coming out of buses on the roadside and clambering over walls. I believe that they have also chosen the correct site as it is a greenfield site and doesn’t interfere with the karst landscape”.

Currently, a herd of eco-friendly Government cat- tle is grazing the site in order to improve conserva- tion, as recommended in a management plan.

Dr Lynch has already confirmed that the cattle grazing “has had a very significant impact on the ecology of the site”.

The excavation of the site in 1986 was prompted by one of the slabs of limestone pavement that made up the dolmen being cracked, necessitating its re- placement by a nearby slab of pavement.

Full-time rangers are now employed by the Gov- ernment at the site, after it purchased the dolmen, along with 16 acres of land, in 2002 from a local levutloe

Those wishing to make submissions on the council plan have until December 16.

this system is of concern to parents. ‘Nobody wants to be paying for teachers. We lost two teachers last July because the roll dropped in September 2004,” said Mr Mac Cor- maic. “Now the roll has come up again, but we

will have to wait until September 2006 to get out teachers back. Despite appeals to the De- partment of Education and lobbying our elected representatives for even a part-time extra teach- er our requests have fallen on deaf ears. All we are looking for is a part-time teachers, for fifth and sixth class students. This doesn’t make sense. The reason we are fundraising is that the children get an equal chance,” he added.

He said the Department told the Board of Management that if there were 187 students (just five more than is the case at present), the school would have been allocated two addition- al teachers. Mr Mac Cormaic said the problem could be overcome if the fifth and sixth classes were split up, but this would not be fair to the students and teachers concerned.

A number of fundraising initiatives have tak- en place in recent weeks, including a golf out- ing, while a sponsored walk and table quiz are also planned.

VANDALS and thugs who are causing late- night distress to residents in Kilrush council estates face eviction and exclusion if their anti-social behaviour continues.

Kilrush Town Council responded to ongoing problems in the town’s estates yesterday by launching the Tenancy Management Policy, including Combating Anti-Social behaviour. Ongoing problems in areas such as John Paul Estate, where people are leaving their homes in fear of vandalism and shootings, are to be addressed through the new policy.

A spokesperson said, ““While Kilrush Town Council recognises that the great majority of tenants and residents of council housing are aware of their obligations, a small number are involved in behaviour that causes their neigh- bours difficulty. Sanctions such as eviction or exclusion orders are available and the council is committed to using them.

County manager, Alec Fleming advised that the new policy sets out positive response pro- cedures for the management of tenancy and estate issues in the council’s housing stock. It encourages the establishment of residents’ as- sociations and aims to support them, and take measures against anti-social behaviour. The council has also vowed to record every com- plaint and respond within five working days. Town clerk, Fiona Mooney, stressed the confi- dentiality of the complaints procedure.

‘Kilrush Town Council is aware of the need for confidentiality, so this policy includes a confidential complaints system,” she said. “Senior staff will investigate all complaints and appropriate action will be taken where

breaches of tenancy are evident.”

The town council has also developed a two page brochure, “Together we can make it work’, incorporating a confidential com- plaints form. The Gardai and council will work together in the implementation of the complaints procedure. A series of open in-

formation sessions will be hosted by Kilrush Town Council and the Garda Superintendent to disseminate the procedures.

Meanwhile, John Paul Estate will feature in a

INCREASING class sizes are impacting on the level of attention teachers can give to pupils.

Principal of Ballyea National School, Eddie Liddy believes overcrowding in the classroom is one of the main problems facing schools in Clare. He said the current situation, where classroom sizes are increasing, imposes extra burdens on teachers and limits the amount of attention they can give to students. In Ballyea the problem has been particularly prevalent in split classes, where children from two different classes share the same room.

‘Absolutely it is a big problem. We have split classes with 32 children in them, where one teacher in one classroom is looking after all of

the junior infants and half of the senior infants. In the other classroom a teacher has all of first class and half the senior infants. It can be very difficult to manage.”

The issue of class size in primary schools was discussed at a public meeting of representatives of parents, teachers and management in Ennis last night. There are currently 159 children at- tending Ballyea National School and this year the school received an extra teacher in accord- ance with directives issued by the Department of Education. “We still have huge class sizes but it definitely has made a difference.”

Ballyea National School had been highlighted as being typical of the overcrowding problem but the school is hopeful of getting a new build- ing in the future.

A CLAIM that the Department of Enterprise, Trade and Employment owes more than €30,000 to the White hotel group is not true, Inspector Michael Gallagher told the court.

He said information given during the hearing last month by White hotel group accountant, Robert Hurley, was incorrect.

“That department owes no money and owed no money on the date of the hearing,” said the in- spector, who added that a member of staff from the department was in court to give evidence to this effect.

Defending solicitor Eugene O’Kelly said this was a “scurrilous” and “outrageous” allegation of perjury.

Mr Hurley had told the court last month that during the past two to three years, 194 applica-

tions were made to the Department for work joes WNDU

None of the 194 were taken on and the money had not been refunded.

Each application now costs €400.

Meanwhile, the outcome of the two-day court hearing was hugely disappointing and may be appealed, according to the managing director of the two hotels at the centre of the case.

Jim White, a former Fine Gael Donegal South- West TD, told The Clare People, “I am very dis- appointed with this court ruling.

“Tt is a very difficult place to run, Lisdoonvar- na, opening in March and closing in September.

“T think it has been unfairly treated. I still have to decide on an appeal.”

He pointed out that out of the 190 or 200 work- ers employed by the hotel group, just a few were found to be illegal.