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Clare student takes on High Court case

A CLARE third-level student will have to wait to find out whether her legal appeal against changes to the criteria for third-level grants will be successful.

The Union of Students of Ireland (USI) have brought the High Court challenge on behalf of North Clare student Mebh McCarthy, who studies at NUI Galway, as well as Dundalk IT student Robert Johnson and Iesha Rowan who is studying at the Galway Mayo Institute of Technology.

The evidence was heard in the High Court last Friday, February 24, with the judge choosing to “reserve judgement”. It is thought that a final decision on the case could be two weeks away or more.

The case has been brought against the Student Services Act which was introduced last year. The act changes the rules for third-level grants, increasing the distance that a student would have to live away from the educational institution from 24 kilometres to 45 kilometres.

Under the new rules, Mebh – who lives between Ballyvaughan and New Quay in North Clare – would be considered to live “adjacent” to NUI, Galway and with a commutable distance to the university.

The case is being seen as a test case by hundreds of students in Clare who will have their grants reduced if the new system is enforced.

Mebh is currently in receipt of a grant of between € 6,100 and € 6,700 per year to go towards rented accommodation and maintenance while she studies in NUI, Galway.

If the decision is not reversed, it will lead to a loss of between € 2,440 to € 3,900 towards her maintenance in college next year.

With no effective public transport in place in the North Clare area, Mebh will not be able to reach Galway City for college each day until after 11am. Despite working to support herself during her time in college, she is not in a position to make up the shortfall in the grants payment.

According to the Minister for Education, Ruairi Quinn (LAB), the change in policy was put in place to reflect the improving public transport network in Ireland – which, he claims, has made it easier for students to commute to work.

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Ennis man Oliver to regenerate Limerick

AN Ennis man has been given the job of spearheading the implementation of the € 337 million Limerick Regeneration Programme when it comes under the control of Limerick City Council later this year.

Oliver O’Loughlin, who has over 20 years’ experience working for Limerick City Council and is currently a Director of Service in the local authority, has been appointed to this key position by Minister for Housing and Planning, Jan O’Sullivan.

Mr O’Loughlin is to head up the new dedicated office to manage the 2009-2018 Regeneration Programme, which has six more years to run as it comes under Limerick City Council control. Council officials have revealed that over a couple of months, Mr O’Loughlin will begin the process of bringing the various facets of regeneration into one dedicated office working with current chief executive Brendan Kenny.

“In the past, he has provided a link to the wider council, including the planning, roads and wider functions. He is quite familiar with the process,” said Deputy City Manager Kieran Lehane.

“He is one of the best public serv

ants. He has worked in

every department in

Limerick City Council.

He would be very ex

perienced. Oliver has a

vast knowledge of the

public service and how

it works,” said Deputy

Mayor of Limerick,

Cllr Kevin Kiely said.

“He is going to bring

his experience and

knowledge of local government. I know he is very highly thought of in the department in Dublin. As a result of this, he will be aware of ways of leveraging money for the city council and projects to benefit the city centre,” he added.

In his Limerick City Council career, Mr O’Loughlin has worked as a fire chief, a senior engineer, as well as drawing up the city’s emergency plans and helped secure funding for the Northern Distributor Road, and Green bus routes in the city.

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Music dies as Buskers closes

ALMOST 17 years after it first opened, Buskers musical instrument shop will close its doors in Ennis for the final time tomorrow.

A first port of call for a generation of aspiring young musicians and the place where many of Clare and Munster’s best known touring bands popped in to get equipment, Buskers has been a part of life on O’Connell Street since March 1, 1995.

An increase in the purchase of instruments online is one of the main reasons behind owner Philly Walsh’s decision to close the business.

He explained, “It seems to me that a lot of people now are buying over the internet. Rather than go their local shop, people are buying off the internet having never had the feel for an instrument.”

Philly also believes there has been a decline in the pub music scene.

He said, “There has been a huge de cline countrywide in musical instruments sales in general, along with a decline in the pub music scene. If bands aren’t working as often, then they are not getting the basic equipment, guitar strings, leads etc.”

Having worked as a drummer with bands on the showband circuit in the early 1990s, Philly decided to open his own business in Ennis.

Philly recalled, “It had kind of run its course and I had been working on the road for a long time. I decided to open Buskers because I felt there was no place catering for band or rock musicians. You had shops for trad music but not for bands.”

Buskers originally opened as a shop for music instruments but, over the years, Philly’s work moved more towards supplying and installing audio equipment. The Ennis native will continue to operate the audio equip- ment supply and installation business.

However, Philly admits that he is sad to be closing the business. He said, “It’s been my day job for the past 17 years. You were helping out kids who were buying the first guitar or keyboard. In one way, it’s hard but, in another way, it allows me to concentrate on the PA side of the business.”

Having worked in the centre of Ennis for almost two decades, Philly believes the town is facing serious challenges from large retail developments in Limerick and Galway.

“For a lot of people, if they are living outside Ennis, its almost easier for them to take the motorway to Limerick or Galway. Somedays, by the time you get into town and get parking, you’d be in Coonagh Cross quicker.”

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EPA waste review ‘too blunt’

CLARE County Council has questioned the criteria used by the Environmental Protection Agency (EPA) when assessing the quality of waste water treatment, describing it as “too blunt”.

While the local authority have not disputed the results of the EPA’s 2009 audit of treatment plants in the county, which was released last week, they have questioned the failure notice given to the Lahinch Waste Water Treatment Plant, which passed 11 of the 12 tests carried out by the EPA in 2009.

“While we have no dispute with the factual information on test results, we feel that the EPA’s cover-all definition of non-compliant is very blunt,” said a spokesperson from Clare County Council. “We are reviewing our records to find out the date and reason for the single failure [in Lahinch]. It may have been due, for instance, to weather conditions, or very high loading during holiday period, or a maintenance or equipment fault at the time the sample was taken.”

Meanwhile, construction work planned for a number of Clare waste water treatment plants has been stalled as a result of a lack of central government funding. Projects planned for Kilrush and Kilkee, Clarecastle, Liscannor, Ballyvaughan, Quin, Shannon, Ennistymon and Ennis South are all at various levels of development but none of the projects currently been granted the financial backing needed to go forward.

According to the latest information from Clare County Council, the Kilrush and Kilkee project is still on the Government’s 2010-2012 Water Services Investment Programme (WSIP) and is currently waiting for financing before works can begin.

Works at Clarecastle which would intercept the local effluent and pump it to the proposed upgrade of Clareabbey treatment plant are now unlikely to begin until 2015 or 2016 at the earliest.

Construction work on both the Lis- cannor and Ballyvaughan waste water treatment plants were part of the government WSIP for 2006 to 2009 but have been dropped from 2010 to 2012 list of projects.

Clare County Council are also planning an upgrade of the Quin treatment plant using funding received in total from levies and that work is ready to proceed, subject to finances being available.

The Shannon sewerage scheme, which includes a new treatment plant, has been retained on the WSIP for 2010 to 2012, however Clare County Council may be forced to pay unusually high percentage of the cost of this because of the large number of industries and business in Shannon.

The construction of a new treatment plant for Ennistymon was included as part of the government’s WSIP for 2006 to 2009 but has been dropped from the latest list of likely projects while in the Ennis South area, construction of an upgrade of Clareabbey is now thought unlikely to start before 2015 while.

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McCafferty breaks her silence on Sinn Féin exit

SHANNON Town Council member, Cllr Cathy McCafferty, has broken her silence outside the confines of the local authority chamber on her resignation from Sinn Féin that has left the party without any representation in Clare local government.

However, in issuing a statement about the controversy that has racked Sinn Féin since late 2011 after Cllr McCafferty was initially suspended and her husband Eugene McCafferty expelled from the party, she has declined to say whether she took her former party’s pledge before the 2009 local elections.

Sinn Féin authorities are adamant that Cllr McCafferty signed a pledge that she would vacate her seat on Shannon Town Council in the event of a parting of the ways between herself and the party.

“I think that it is common knowledge by now that I recently declared myself a non-party, independent Town Councillor,” said Cllr McCafferty in broaching the subject of her controversial exit from Sinn Féin party politics in a newspaper column in The Clare Courier .

“I have parted ways with Sinn Féin after a long number of years. It is not my intention to enter into a slagging match about this as I still have many friends in the party.

“For me, however, it was time to move on and I am very happy to continue to represent the people of Shannon who gave me a mandate in 2009.

“I would like to acknowledge the great support I have received from local people over the last number of weeks. This has been both humbling and very encouraging. Many have called me on the phone or texted me, but I been especially heartened by all of those people who have stopped me when out shopping or socialising to offer their encouragement and kind words of support.

“Contrary to the impression that might have been given otherwise, my situation is not unique; many others have parted ways with political parties in the past and many more will do so in the future.

“For me, I intend to honour the commitment I made when I was elected by continuing to work for a better Shannon and a fairer society,” added Cllr McCafferty.

“She hasn’t honoured a commitment she made before standing for election,” a local spokesperson for Sinn Féin has told The Clare People this week.

“That was in the party pledge she signed. It’s as simple as that,” the spokesperson added.

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Four remanded on bail after alleged incident

FOUR men have appeared in court arising out of an alleged public order disturbance in Ennis last week.

John Doherty (46), Jimmy Doherty (38) and Michael McDonagh (21) and Bernie McDonagh (44), all with addresses on the Kilrush Road, Ennis, were each granted bail subject to conditions at Ennis District Court on Wednesday.

The charges relate to an alleged incident on the Kilrush Road, Ennis on February 21 (2012)

Bernie McDonagh (44), with an address at 1 Ashline Kilrush Road, is charged with engaging in threatening, insulting or abusive behaviour with the intent to provoke a breach of the peace. Bail was approved subject to McDonagh not having any contact with John or Jimmy Doherty.

Mr Hassett said that the McDon- aghs and the Dohertys lived in the same estate. He said his client understood that he was not to have any direct contact with the Dohertys.

Jimmy Doherty (38), with an address at 8 Maiville, Kilrush Road, Ennis, is charged with engaging in threatening, insulting or abusive behaviour with intent to provoke a breach of the peace. Doherty was ordered not to have any contact with Bernie or Michael McDonagh.

Michael McDonagh (21), with an address at 1 Ashline, Kilrush Road, Ennis, is charged with threatening, insulting or abusive behaviour with intent to provoke a breach of the peace and failing to comply with the directions of a garda.

Insp Kennedy said McDonagh was not to have any contact with John or Jimmy Doherty.

John Doherty, with an address at 4 Ashline, Kilrush Road, Ennis was charged with failing to comply with a direction of a garda. Insp Kennedy said the gardaí would consent to bail if Doherty did not have any contact with Bernie or Michael McDonagh.

Judge Aeneas McCarthy granted the State liberty to re-enter in each of the four cases should there be a breach of the bail conditions.

Each of the men was remanded on bail to appear in Ennis District Court on March 21.

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Historic photo is discovered

A PHOTOGRAPH that captures one of the most dramatic moments in Clare’s political history has been discovered in a Dublin attic. It shows Eamon de Valera addressing a huge rally at O’Connell Square in Ennis in 1923, shortly before shots were fired at the future President of Ireland.

De Valera survived the attempt on his life and was rushed from the podium. Ms Barrett, the woman with the coat, pictured to De Valera’s right, took the bullets meant for him. She survived and married in the town.

The photograph was part of a case of material taken by the Duffy family when they left Ennis in the late 1950s. Rónán Ó Dubhthaigh discovered the case at Christmas when he went to Dublin to visit his mother. The photograph subsequently found its way back to Ennis, where it was identified by local historian Pat Brennan. Pat and members of the Steele’s Terrace Centenary Committee, including Simon O’Donnell (Chairman) and Anthony Lynch (Secretary) had issued an appeal for photographs for a new publication on one of Ennis’ oldest residential areas. The fruits of their labour Steele’s Ter ra ce: More Tha n A Centur y of Histor y, Pictures a nd Memor ies will be launched in the Old Ground Hotel, Ennis, on March 15 at 8pm. The new De Valera photograph is not included in the collection but many more memorable images are. Simon O’Donnell explained that work began on the project last August. He said there had been a great response to the committee’s appeal, with responses coming from as far afield as Australia and New Zealand. Simon also thanked the work of committee members and local researchers. He said, “Pat Brennan did a lot of the groundwork. Without him, it wouldn’t have have happened. The Clare Roots Society were a great help in getting the names of the original tenants.” The terrace is named after ‘Honest’ Tom Steele, a Protestant landowner who became a prominent member of the Catholic Association and a close friend and supporter of Daniel O’Connell. Rónán Ó Dubhthaigh would like if any readers would contact him if they have any information on the Duffy family who lived at No. 9, Steele’s Terrace. He can be contacted at anfhiontarlannteo@gma

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Fitzy is playing it cool

CLARE manager Davy Fitzgerald was keen to prevent supporters from getting carried away in the wake of the Banner’s impressive win over Limerick on Saturday night.

“It’s only the first round of the league so there’s no point in people of Clare getting carried away, but all they can expect, as I’ve said from day one, is a hard working team,” he told The Clare People after the game.

“We still have things to work on and we’ll have dips but in the long run, I think the lads won’t be too far away but it’s going to take time. But we are on the right track.”

A track that leads to O’Garney Park on Sunday for the challenge of All-Ireland finalists Tipperary in the Waterford Crystal Final where another win would be seen as Clare’s most significant scalp of the season.

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Passenger fights for life

A NEWMARKET-ON-FERGUS man remains in a serious condition in hospital following a weekend car accident in which his 33-year-old cousin was killed.

Wayne Fitzgerald was the passenger in the green Toyota Corolla that crashed on the main Tulla to Ennis Road on Friday night last.

The 22-year-old is believed to have sustained serious head and neck injuries during the single-vehicle accident.

The driver, his cousin Michael Maloney Jnr, was fatally injured in the accident.

Originally from Glencinnane, Kildysart, Michael had played under-age hurling for his county.

He captained the Clare under-16 hurling team, and had been involved with Clarecastle GAA club in his early years. Sport came naturally to him, according to local people, as he enjoyed both football and hurling.

The eldest of a family of three, Michael was the only son of Tina and Seán Maloney, and brother to Fiona and Lisa.

He is to be buried today (Tuesday) following a private ceremony.

Meanwhile, gardaí in Ennis are appealing for information about the accident.

The tragic incident occurred at approximately 7.50pm at Clooney, Quin, on the main Ennis to Tulla road, not far from Clooney Church.

The green Toyota saloon, which contained just the driver and passenger, collided with a wall and a tree.

The scene was attended by local emergency services and both occupants were taken to the Mid Western Regional Hospital, Limerick, where Mr Maloney died from his injuries.

Gardaí are now appealing for witnesses to come forward.

“The key times of interest to the gardaí are between 7pm and 7.45pm. Did anyone see this car in the Clooney-Quin area during these times and did they notice anything about this car which should be brought to the attention of the gardaí?” a Garda spokesperson said.

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Cancer patient got ‘relief ’ from cannabis plants

A LONG-TERM cancer sufferer could only get relief from the disease by taking cannabis, a court in Ennis has heard. Jacquelene Corris (40) told gardaí that she grew 13 cannabis plants in the back kitchen of her home in Ennis for personal use to cope with a medical condition.

At Ennis District Court on Wednesday, Corris, with an address at 4 Connolly Villas, Ennis, pleaded guilty to cultivating, without license, plants of genus cannabis. She was also charged with unlawful possession of cannabis.

Garda Francis Brennan gave evidence of arrest, charge and caution. The court heard that Garda Brennan carried out a search of the accused’s home at 4 Connolly Villas on October 24, 2011. Thirteen cannabis plants, valued at € 5,200, were found in the back kitchen of the premises, the court heard.

Garda Brennan said there was no evidence that the cannabis was to be sold. He said the plants were for Corris’ own personal use. Insp Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the matter. Judge Aeneas McCarthy accepted jurisdiction.

Solicitor Joe Chambers told the court that his client, who is self-employed, suffers from long-term cancer and has the “cancer gene”. He said cancer is an ongoing problem for his client who has undergone numerous operations. He added, “The only relief she can get is from taking this plant.”

Mr Chambers said that Corris cooperated fully with gardaí and has since “varied her ways”. Judge McCarthy adjourned the matter until April 4 for preparation of a report by the probation and welfare services.