The Clare People Archive

ENNIS Town Council is facing legal bills of over € 500,000 arising from two separate High Court cases.

The local authority says it is “seriously concerned” regarding the number of High Court cases, which are falling to the council.

Following a number of High Court hearings, the council last year secured a settlement in relation to a case taken on the Ennis Casual Trading Byelaws 2011, which represented a challenge to the Casual Trading Act 1995. The case concerned the status of casual trading vis-a-vis market rights. According to the council’s 2014 budget report, the overall cost in this case amounted to € 147,000.

The council is also currently involved in a High Court case regarding the de-regulation of the taxi industry.

In his report, town manager Gerard Dollard states, “The case has been in process for a number of years and commenced in November 2013. The case has been taken against the State (Minister and Attorney General). A number of sample cases are being heard including three involving Dublin City Council and one involving Ennis Town Council.

Mr Dollard said the council has made efforts to run the case on a cost effective basis. However the case is still at hearing and Mr Dollard told the council’s annual budget meeting that the costs at this point are in excess of € 400,000. The council recently received an interim bill from Counsel for € 191,000.

Mr Dollard states, “The council has firmly put the view to both the Department of the Environment, Community and Local Government and Department of Transport, Tourism and Sport that the costs of cases involving challenges to national legislation and regulation should not fall on the local authority.”

Mr Dollard told Tuesday’s meeting the council will receive € 250,000 from the Department of the Environment towards the cost of the court cases.

Cllr Peter Considine (FF) described the bills as “crippling” and asked if the council can challenge the Department’s decision not to cover the cost of the entire legal process.

Cllr Tommy Brennan (Ind) said the decision by the Minister for the Environment to part fund the legal bills represented an admission on his part that his office was responsible for the total cost. “I would go back to the Minister and say pay for all of it,” he said.

A CLARE man who owes almost € 1.8 million is the largest debtor to come before the Personal Insolvency Court so far, the Insolvency Service of Ireland (ISI) has confirmed.

The first sitting at Ennis District Court of the Personal Insolvency Court for the South Western Circuit took place on Thursday.

The case before Judge Patrick Meaghan concerned a Clare man with total qualifying liabilities of € 1.77 million. The man was seeking a protection certificate from the court to allow time to enter into negotiations with his creditors.

Figures shown to the court revealed the man had total assets of € 394,900, a monthly income of € 5,687 and monthly expenses of € 5,994.

The man is a married father of one. The court heard he is an engineer currently working in Finland. His debts concern money owed to financial institutions for commercial premises in Limerick and Dublin along with two buy-to-let properties. In total, the man has 14 creditors.

The man was not present in court but was represented by Personal Insolvency Practitioner (PIP) John Hogan. The ISI were also represented in court.

Judge Patrick Meaghan said the debtor was obviously insolvent. He said he was satisfied to grant the protection certificate. He wished the man all the best. The man now has 70 days to strike a deal with creditors. Judge Patrick Meaghan said he was pleased to see members of the press attending the court sitting. He said the Personal Insolvency Court is a new jurisdiction in which there is a lot of public interest. He said that press coverage had so far been “very fair and balanced”.

He said behind every case are people with difficulties. He asked the media to refrain from identifying the debtor and his creditors. Judge Meaghan added, “It is a matter that is very topical, but hopefully with sensitivity things can be progressed.”

According to it’s website, “The mission of the ISI is to help restore people who are insolvent to solvency in a fair, transparent and equitable way.”

The ISI is an independent statutory body. It was established by the Minister for Justice and Equality, Alan Shatter, TD on March 1, 2013.

Speaking after the hearing, PIP John Hogan said he thought the ISI was “doing a fantastic job”.

“The only problem with the legislation is that it should have happened four years ago. It might have saved a few marriages,” he added.

Mr Hogan said half of the people who have engaged his services as a PIP (8 or 9) come from Clare.

Mr Hogan, an Ennis-based accountant, is one of two PIPs registered in Clare. The other is another Ennis based accountant, John Carmody.

CALLS have been made for a sustained “period of civil disobedience” to take place in Clare following the closure of the acute assessment unit at Ennis General Hospital last week.

The subject was discussed following an emergency adjournment of yesterday’s January meeting of Clare County Council with councillors voting to write to the Minister for Health, James Reilly (FG), to demand that new staff are deployed to the Ennis hospital.

The acute assessment unit was closed for a number of days last week with Clare patients being referred to Limerick, which was also suffering acute overcrowding at the time. The Clare People understands that the closure in Ennis was a result of a single doctor being off on sick leave and a replacement doctor not being made available. A replacement doctor was eventually deployed from but the Ennis unit was forced to close for a number of days.

Independent Cllr James Breen, called for the public to take direct action against the Government in an effort to force the HSE to deploy more staff to Ennis General Hospital.

“It is just not good enough. We have been given promises from minister after minister all saying that we would have a first class medical service here in Clare. We can throw money at everything; we have € 50 million to spent on consultants for Irish Water but people cannot get life or death tests carried out at Ennis General Hospital,” he said.

“I think the time has come for a long period of civil disobedient in this country. People should stop paying their property tax. People in unions should stop paying those unions, because the unions are not doing what they are supposed to.”

The motion was seconded by Cllr Johnny Flynn (FG).

“The population of this county is receiving a second class service when this medical assessment unit in not open,” said Cllr Flynn.

THE section of the M18 which was closed on two separate occasion following a series of traffic accident on December 19 last, was gritted on three separate occasion immediately before being closed.

Clare County Council is to write to the National Roads Authority (NRA) requesting that a risk assessment be carried out a section of the M18 closed to Crusheen, which councillors yesterday claimed was defective.

“A number of people contacted me over the last few months in relation to this section of road. The NRA reply is filled with a lot of jargon about the road,” said Cllr Pat Hayes (FF).

“There was an unfortunate fatality in this area and there seems to be a continous problem with flooding on this section of the road. The people in Crusheen have a real concern about this section of the roadway and this has to be resolved. The NRA have given a very specific answer as to why this section of roadway was closed on the 19th (December) but this is an ongoing issue.

“We need to find out why there have been so many accidents on this section of roads. I am not putting blame on anyone but we need to talk to the NRA get to the bottom of this issue.”

The motion was supported by Cllr Patricia McCarthy (Ind).

“There is something wrong with that road. You have cars aquaplaning when you don’t expect it to happen. I’m not an engineer, but I know as a driver when I don’t feel secure on this part of the road. It is time that they go out and investigate this and get to the bottom it.”

Senior engineer with Clare County Council, Tom Tiernan said that the NRA have carried out investigation on this section of the M18 in the past.

“In relation to the fatality and a number of other accidents I do know that the NRA have come on the ground afterwards and examined what could have been the cause of these accidents,” he said.

THE prospect of swarming bees chasing stampeding cattle over dangerous cliffs in the Burren was raised at Clare County Council yesterday, as councillors could not decide whether to support a project to creation an Apiary (or bee sanctuary) in the Burren.

A motion to support plans by NUI, Galway, and other agencies to help reintroduce bees to the Burren created an unexpected stir at last night January meeting of Clare County Council, with a heated argument breaking out between North Clare based Cllr Michael Kelly (FF) and Ennis Cllr Johnny Flynn (FG).

The motion was opposed by Cllr Kelly who claimed that the introduction of bees would lead to cattle stampeded, which would result in the injury and death of animals.

“I am opposed this motion. Farmers are well aware that swarms of bees can cause a stampedes of cattle. I wish the bee keepers every success but if Cllr Flynn can suggest a site for this in Ennis, I would be very happy to supported it,” he said.

“I have 50 years of experience in farming in the Burren and if this goes ahead I have no doubt that it will create swarms of bees which will interfere with farmers and cattle.

“If the Burren floura is to flourish, it needs to be grazed during the summer. If you put bees into the Burren you won’t be able to graze cattle there safely.

“If you get an expert (from NUI, Galway) to speak here, of course they will be in favour of it, because they don’t have land in the Burren and they won’t have cattle with broken legs following stampeded in the Burren.”

Following a long debate on the motion, it was decided to defer a vote until expert opinion on the subject are invited to speak before Clare County Council.

“The experts at NUI, Galway and GMIT have a number of sites already in the Burren. With the history of organisations such as BurrenBeo and the significate investment already given to further farming practice in the Burren [the Burren Farming for Conservation Project] and there is an agreement that the Burren is the perfect spot for something like this. I would not consider that there would be any significant danger to livestock through this. Bee keeping is not an illegl activity; you can do it anywhere. This is not something new.”

CLARE County Council last night debated a motion through the Irish language for the first time in years. The local authority gave their commitment to backing an Irish language Summer School for West Clare, based on the life of noted Gaeilgeóir and a champion of the Irish language, Anrai De Blác.

A motion on the subject, which was put forward by Cllr Gabriel Keating (FG) was passed at last night’s January meeting of Clare County Council.

A debate on the motion was conducted entirely in the Irish language, the first motion completed ‘as Gaeilge’ by the local authority in a number of years.

Cllr Keating, Cllr Christy Curtin (Ind) and Mayor of Clare, Joe Arkins (FG) each spoke on the motion in the Irish language with only Pat Keane (FF) speaking though the English.

The restoration of a Gaeltacht area in Clare has been mooted on a number of occasions in recent years. Works to restore the Irish language has been ongoing in a number of locations in Clare in recent years.

The former Mayor of Clare proposed the establishment of Gaeltacht areas in West Clare a number of years ago to facilitate the creation of an Irish college in area. Figures released following the last census showed a strong proficiency in the Irish language among Clare people are hopes are high that a revival is on the cards.

Meanwhile, in a separate motion, Cllr PJ Ryan (Ind) has requested that Clare County Council write to the newly-formed Irish Water Organisation demanding that they replace all lead piping which remains in the system.

Irish Water, which took over responsibly for the Clare water system 14 days ago, was last week embroiled in a controversy after it was revealed that the organisation has spent € 50 million on consultants last year.

CLARE will receive less money from central government than any other county in Ireland in 2014, it was confirmed at last week’s budget meeting of Clare County Council.

Clare County Council will receive just € 2.647 million under the Local Government Fund (LGF) for 2014, a reduction of almost € 10 million on the € 12.3 million received by the county in 2013.

This represents a 78.48 per cent de- crease in the amount paid to Clare in just 12 months and also means that Clare County Council will receive less funding than any other local authority in Ireland under the Local Government Fund.

Much of this reduction is due to the transfer of water services from Clare County Council to the newly-formed Irish Water company.

Speaking at last week’s budget meeting, a number of councillors said that they felt they had been betrayed by the allocation from central government, especially considering that Clare recorded one of the highest compliance rates in the country for the Local Property Tax.

Commenting during the debate, Major of Clare, Joe Arkins (FG), said that he made contact with the Minster for Environment, Phil Hogan, to highlight the amount of LGF which has been allocated to Clare this year.

According to Cllr Arkins, the spokesperson for the Minister for the Environment said that the low level of funding for Clare County Council was a result of the establishment of Irish Water and the transfer of responsibilities from Clare County Council to this new group.

Cllr Tommy Brennan (Ind) also accused the new Irish Water company of taking “the cream” from this year’s budget.

Speaking about the budget a a whole, county manager Tom Coughlan said the Clare County Council would continue to work hard to provide services in a fast changing environment.

“Change is happening very quickly. Every day I am informed with some- thing different about the way that we work. Despite the fact that all that change is driving at us and challenging us we must ensure there is a structure in place to meet the needs of the people of Clare,” he said.

“If you look at the pay rates between 2009 and 2014, there has been a reduction of more than € 10 million.”

Mr Coughlan also confirmed that the budget was drafted before the recent storm damage along the western coast and that there was no funds in the budget for remedial works.

THE last ever singular budget for the town of Kilrush was passed on Thursday night last, with councillors voting on an expenditure of more than € 1.34 million.

Unlike other years, the budget took account that the councillors would become redundant in May with the dissolution of all town councils, and as a result funding for councillors’ wages and expenses is to cover just the first half of the year.

The € 1,342,548 budget for 2014 increased from € 1,327,958 in 2013. Income, excluding rates and pension levy, was estimated at € 576,183 in 2014 compared to € 631,133 in 2013.

Town manager Anne Haugh ex- plained, “It has been a particularly difficult exercise to balance the Budget for 2014. Kilrush Town Council are proposing no increase in commercial rates for 2014 being mindful of the current difficult economic climate and the difficulties that same pose for local businesses. It should be noted however, that with the proposed abolition of Kilrush Town Council a harmonisation of rates across the county over a ten year period is proposed.”

The Draft Budget been prepared with no income from the Local Government Fund.

“However we are still proposing to maintain the existing level of services in 2014,” said Ms Haugh.

Council payroll costs for this year are to remain the same at € 425,000

A 2005 loan for the upgrading of Henry Street and the Vandeleur Walled Garden project will cost the council € 66,154 this year.

Income from rents is expected to be up this year as refurbishment work to Kilrush Town Council’s Housing Stock means there are more houses available to rent.

An income from rents of local authority dwellings is estimated at € 320,000 with just over one tenth of the income ear marked for maintenance and refurbishment works.

Pay parking, which has proven a hot potato for the council in the past, is expected to bring in € 45, 500 to the council coffers.

Planning applications are also expected to be up. Due to the increase in the number of planning applica- tions received in 2013, an increase to € 3,000 has been provided for in Planning Application Fees for 2014.

Also included in this programme group is a provision of € 13,000 for tourism development and promotion, to fund the marketing and development of Kilrush as a significant tourist attraction.

“As in previous years, support for various projects have been included as it is felt that in these recessionary times, assistance to community projects is even more important than ever,” said Ms Haugh, aware that support for such projects in the future will fall to a larger local authority. Therefore it has been decided to again provide the Community and Development Projects Grants of € 5,500, the Community and Art Grants of € 2,000 and the Contribution to Graveyards of € 800. It is also proposed to increase the contribution to the Chamber of Commerce for the Christmas lights to € 10,500 to assist in the repayment of the balance of a loan taken out by the Chamber to buy the lights.

A further provision of € 5,000 has been provided for the Shop Front Initiative due to its success in 2013. It is also proposed that an increased provision of € 3,500 be made available for twinning for a delegation from Kilrush Town Council to travel to Plouzane in 2014 due to the proposed abolition of town councils in 2014.

One off capital projects are also to receive the full support of the town council before it comes to an end in four months time.

A ROADWAY used by more than a million tourists each year to travel between the Cliffs of Moher and Lahinch will not survive a month, if urgent work is not carried out.

The road, which is located on the Lahinch side of Liscannor village, was badly undermined during last week’s storm and, according to Patrick Blake of the Liscannor Har- bour Committee, will not survive another large swell.

With large sea swells expected in February and March, the road will be lucky to make it to the summer of work is not carried out soon.

“We have a very serious problem with the road which has been completely undermined and the Cliffs of Moher road is in danger of being closed. A stone wall that was protecting the road has been totally wiped out. If I was driving on that road, and a lorry was coming in the other direction, I would not keep going. It is that dangerous. All that is left there is mud holding the road together and it is a drop of 30 or 40 feet. We have a high tide coming in February and a couple in March and that could be the end of it.

“The pier [in Liscannor] itself, which is over 200 years old, has also been badly damaged. The power of the tide also created a couple of very large craters, which will have to be repaired.

“The Clathane Road is also very badly damaged. Farm land is not even flooded, it is covered with stones. The storm came like a Tsunami and wiped everything before it.”

More than 200 people turned out in Liscannor last Saturday to help restore the local pier and harbour following the devastation brought by Storm Catherine.

“It was like a group of locusts moving across the place. They swept across the place going unreal hard work all the way. We have five tractors there and they removed tonnes and tonnes of seaweed out of the way,” continued Patrick.

“The work done was amazing. We had people from the Surf Club in Lahinch and people coming from all over the country to help. It shows how people come together in a crisis. It was an amazing day, the atmosphere was so positive and everyone coming together to help.”

HUNDREDS of people descended on Lahinch and Liscannor over the weekend to help in the biggest cleanup operation ever undertaken in the county.

More than 200 people took part in a two-day clean up of the Promenade organised by the West Coast Surf Club on Friday and Saturday. With people travelling from all over Ireland to take part, the club was able to send groups to Liscannor, Kilmacreahy and Cregg to help with the clean-up operations in those locations.

Both the Old Course and the Castle Course at Lahinch reopened for business last Friday following a major clean up by volunteers on Tuesday and Wednesday of last week. As of yesterday, 14 holes are playable on the Old Course with all hole playable, excluding bunkers, on Castle Course.

Two time major winner, Greg Norman, also mentioned the storms impact on Lahinch and Doonbeg on Twitter last week.

“Amazing photo of waves and wind pounding the beautiful town of Lahinch in Ireland last Thurs. My course at Doonbeg is okay,” he said.

Meanwhile, the gym at Lahinch Seaworld reopened for businesses yesterday and management are hoping the the pool facility will be open to the public again from next Monday, January 20.

According to Cliodhna Fawl of the West Coast Surf Club, locals and people from all over the coun- try have been doing their bit to get Lahinch back on its feet.

“People travelled from Dublin and all over Ireland to help with the clean up. We had about 80 people working with us on Friday and another 100 people came on Saturday, so we got a lot of work done,” she said.

“We collected a massive amount of rubbish and debris from Lahinch and we were able to send out groups to other areas on Saturday. A lot of debris and stone was removed from Liscannor, we still have some work to finish in Cregg which we will hopefully get to soon.

“We would like to thank Clare County Council and Clean Coast for providing the gloves and bags and to John and Jessie who drove up from Ennis with lots of food for all the workers.”

Lahinch Seaworld is hopeful of reopening fully from next Monday, but no official date can yet be given as it takes the pool between seven and fourteen days to warm up after a complete shutdown.

“The gym reopened today and we’ve had a great crowd in already this morning. People have been very supportive,” said Joe Garrihy of Lahinch Seaworld.

“We are working on the heating system at the moment and we should be able to turn that on tomorrow with a view to reopening next Monday but we will have to wait how long that will take to heat up the water.