Month: February 2011

THREE Clare solicitors, between them, earned more than € 400,000 in criminal legal aid last year.

Ennis-based solicitor Tara Godfrey was the highest earner in the county, with € 163,699. Kilrush-based solicitor Eugene O’Kelly received € 135,746, while Daragh Hassett earned € 110,128.

Ms Godfrey’s earnings leave her just outside the top 50 earners in the country under this scheme.

Although her earnings reduced from more than € 180,000 in 2009, she slipped just two places, from 52nd to 54th nationally.

Mr Hassett, who runs an office in Ennis, earned just € 4,000 less last year in criminal free legal aid than in the previous year.

However, Mr O’Kelly increased his earnings in free legal aid by more than € 30,000 last year and is now the 71st highest earner in the country under this particular scheme.

A number of other solicitors who practice in Clare also featured in the figures obtained by The Clare People. Anthony O’Malley, who is based in

Killaloe, received almost € 80,000; Shannon-based solicitor Jenny Fitzgibbon earned more than € 42,000; William Cahir received almost € 40,000, while John Casey earned in excess of € 35,000 in free legal aid in 2010.

A number of Limerick solicitors, who represent several Clare people also featured prominently in the list.

Ted McCarthy was number 16 on the list, with more than € 380,000; John Devane slipped from 16th on the 2009 list to 21st on last year’s list, but still earned more than € 280,000. John Herbert received more than € 270,000; Chris Lynch earned more than € 180,000, while Darach McCarthy earned more than € 120,000 under the scheme.

According to a statement from the Department of Justice:

“In relation to the 2010 lists of payments to individual solicitors, it should be noted that many solicitors are running practices with associated employment and overhead costs.”

Overall, more than € 33 million was paid out under the scheme, a decrease on € 37 million last year.

In the wake of last year’s figures being published, the then Minister for Justice Dermot Ahern said he was “extremely concerned at the accelerated costs of criminal legal aid” and said that a Bill was being drafted with a view to carrying out a review of the scheme.

Several judges across the country have become more strict in dealing with applications for free legal aid.

The district judge in Clare, Joseph Mangan has, on several occasions, refused free legal aid if he is informed that a particular individual is not in jeopardy of going to prison.

In one case last year, the judge refused an application to grant free legal aid to cover a barrister for each of two brothers accused of violent disorder in Ennis and told the defence solicitor that his decision could be appealed in the circuit court.

At Ennis District Court last Friday, the judge refused an application for free legal aid after an applicant admitted he had not read the form he had signed, requesting that his legal fees be covered.

A COUNTY Clare lawyer was one of the highest paid barristers in Ireland, under the criminal free legal aid scheme last year.

Mark Nicholas, who is a junior counsel practising in Clare and Limerick, earned € 267,006 under the scheme last year. He was the eighth highest paid out of more than 600 barristers on the scheme last year. His income under this scheme increased by almost € 40,000 on the previous year.

Several other barristers who practice in Clare also featured prominently on the list, published by the Department of Justice.

Brian McInerney was top of the list, with an income of € 413,860. Michael Collins earned more than € 135,000 under the scheme; Pat Whyms earned more than € 80,000; Senior Counsel David Sutton earned almost € 80,000; Lorcan Connolly, BL, received close to € 60,000; Senior Counsel Brendan Nix earned more than € 30,000, while Elaine Houlihan, BL, earned more than € 22,000.

More than € 20 million was paid to barristers nationally, under the criminal legal aid scheme, in 2010.

During the past few years, there have been calls for the scheme to be curbed. Among those calling for this has been Fine Gael Councillor Tony Mulcahy.

Mr Mulcahy, who is a candidate in the forthcoming general election, this week repeated his calls for a revamp of the system and said that repeat offenders should not receive unlimited free legal aid.

“There should be an attachment of earnings. If someone breaks a window, the cost of that should be taken into account. Make him pay for that. Whether he is working or not working, it should go through his PPS.

“There would be no need to impose fines any more. That way he won’t be breaking too many windows the following Saturday night. That would deal with 80 per cent of the middle of the road crime.

He said the current system is “ridiculous. The system trudges along”.

“If you are on your 75th criminal charge, you have to ask yourself, where do we stop this representation? It is incredible. You look at the repeat offenders. They are getting free legal aid and free legal aid and free legal aid. That has to stop,” he said.

He said that people should be given no more than a few chances before exhausting all of their options under the free legal aid scheme. “Three chances to avail of free legal aid and you are out,” he said.

A MAN was fined € 1,000 for his role in an assault that took place in Ennis town centre.

Kevin Conroy (22), with an address at 48, The Punch Bowl, Ennis Road, Gort, appeared before a sitting of Ennis District Court last Wednesday.

Mr Conroy was charged with assault and a public order offence arising out of an incident at Abbey Street, Ennis. The court heard that Mr Conroy had no previous criminal convictions.

The court was told that on the night in question, Gardaí parked on Abbey Street observed the accused pushing another man up against a wall and striking him in the face.

Inspector John Galvin told the court that when Gardaí approached Mr Conroy, he was ‘quite drunk’ and ‘very disorderly’.

Insp Galvin said that the accused had resisted Garda efforts to restrain him. He said that Mr Conroy had met the other man as both of them left a nightclub.

Solicitor for the accused, Billy Loughnane, told the court that his client was “very sorry” and that he had too much to drink on the night in question.

Mr Loughnane said that his client had been on serious medication at the time and that this had ‘caused him to act out of character’.

Mr Loughnane said his client was a very hardworking man who worked as an agri-machinery driver.

Judge Joseph Mangan said that it had been suggested by gardaí that there had been ‘existing issues’ between the accused Mr Conroy and the other man’s family.

Insp Galvin said that while the defendant didn’t know the man, he knew his brother.

Judge Mangan fined Mr Conroy € 1,000 and fixed a bond in the event of an appeal.

AND they’re off. The race to the 31st Dáil has begun, and it was a particularly exhaustive first stage for the first two out of the blocks – Independent TDs James Breen and Jim Connolly.

The two Independent candidates were up and down ladders and polls more often than a New York fire crew.

When the Green Party pulled out of Government more than a week ago, the two Clare candidates began hanging their posters in preparation for the election.

After a weekend of hard work they were contacted by Clare County Council who informed them they were in breech of new legislation that did not allow the erection of any election posters until the election date officially named.

So the two candidates and their followers were back up the ladders on Tuesday morning removing all evidence of their political ambitions.

Meanwhile fellow hopefuls Cllr Tony Mulcahy (FG) and Michael McNamara (Lab) have also been busy with their followers in the county town of Ennis ensuring their message was getting through letterboxes, even if no one was home to let them through the doors.

Fine Gael’s two sitting TDs Pat Breen and Joe Carey are also busy wearing down the leather on the soles of their shoes, when they were not busy wearing out the tires in their cars returning to Dublin for votes on the Finance Bill.

Unlike his running partner Deputy Timmy Dooley (FF), Dr John Hillery (FF) has yet to brave the front door of Clare homes to make his case, and to begin canvassing this week.

Cllr Brian Meaney (GP) is also braving door steps this week, but the Green Party man is preparing for a lot of shut doors, complaints and in some cases even abuse as the only representative of the junior coalition party in the county.

And if our voxpop this week is anything to go by, all candidates do well to heed Cllr Meaney’s wariness as the mood of voters is somewhat tetchy. Many people who spoke to our reporter, but refused to go on the record, gave endless lists of how political decisions had negatively affected their lives in the last two years. Many others said the political system was now so damaged it made little or no difference that they voted for, and almost everyone said change was needed.

As the candidates face into a week when the Dáil is finally dissolved and a date for voting more than likely decided upon, the best most can hope for on the doorsteps of Clare is apathy or anger.

WHEN IT comes to election issues for 2011 there is only one topic in town – jobs.

Almost four years ago the political landscape was so different when budding politicians went to the doors and canvassed the people.

Apart from it being summer time and the ground being relatively dry, the issues facing them revolved around services – the need for a proper hospital, smaller class sizes, better community services.

Now the first thing more than 10,200 people in Clare are looking for is a job.

They need a way to pay the bills that crept in with the Celtic Tiger and never left.

Homes where once two adults drew a wage are now without any, as companies close and staff are let go.

As of the end of December 10,619 people were signing on in Clare, 368 more than the previous month.

This in turn was an increase from 10,117 the previous month, and all indications suggest that number will be even higher for the first month of this year.

The figures represent more than a 70 per cent rise in unemployment in the county since August 2008.

The largest number of people signing on is in the county town of Ennis – with as many as 5,816 people on the live register.

North Clare has also been badly hit by unemployment with 1,708 people signing on in Ennistymon.

In Tulla there were 1, 578 names on the live register at the end of December, while Kilrush’s social welfare office had 1, 517 names on its books.

There are almost twice as many men signing on as women in the county 6,812 males to 3,807 females.

As many as 8,723 people over the age of 25 years old are now on the live register in Clare, again almost twice as many males as females.

In the under 25-age group – 1,230 young men are without jobs in the county, with 666 young women also signing on.

Emigration has also become a follow up issue, with many young people and families going as far as Canada to seek work.

This election will begin and end as homes foreclose, banks repossess cars and young families struggle to pay their every day bills.

Ironically our politicians will be queuing up looking for a job from many of the people are in the unemployment line.

GARDAÍ are urging homeowners to be vigilant following an increase in the theft of home heating oil around Clare.

A Garda spokesman explained that thieves are targeting oil tanks that are not fitted with locks.

“The theft of home heating oil and other fuels is on the increase across the western region in County Clare. A feature that has been noticed by the investigating gardaí is how easily accessible the openings in storage tanks are. We are appealing for people to be extra vigilant and to take extra security measures to protect their fuel from being easily stolen.

He added, “Locks should be on the openings and where large storage tanks are located, access to them should be strictly controlled. Where large vehicles are parked overnight we appeal for the drivers to park them in well lit areas or in secure compounds and parked in such a way that the opening of the fuel tanks is easy to access.”

Gardaí have also issued a warning in relation to a computer scam. “A number of people have been rang by someone claiming to represent Microsoft or other well known computer firms and informing the person that a problem has risen with their com- puter. They claim that they can fix this problem over the phone by getting the owner to enter certain data on their computer. No problems have been noticed by the owner before the phone call. However they look for credit card details first as they claim a small charge is necessary before proceeding,” said the spokesman.

“Sometimes the caller asks you to download a file to ensure that the “so-called problem” is identified and tackled. You could be downloading a virus or spyware, which will allow the caller to access your computer at will. This is a scam and is purely designed to obtain the details of the owner’s credit card and other personal details.”

Gardaí say that anyone who suspects they may have been the victim of the scam should report the matter to the Gardaí or the data commissioner.

LABOUR’S hopes of winning a Dáil seat in Clare for the first time since 1992 received another major boost this week with the confirmation that a second member of what party leader Eamon Gilmore has called “our extended family” has come out in support of Michael McNamara’s bid to be elected to the 31st Dáil.

Labour’s most successful candidate at local government level elections in Clare over the past half a century, former county councillor Martin Lafferty has backed McNamara’s campaign to become only the third Labour candidate after Paddy Hogan and Dr Mosajeé Bhamjeé to be elected to Dáil Éireann.

“I’ve met him and I’m impressed with him,” Lafferty told The Clare People this week, “and I’m backing him to get elected to the Dáil. I will do my canvassing in my own way and I have been out looking for support for his bid to get elected to the Dáil and I will be asking all the people who voted for me down the years to vote for McNamara,” added Laffterty, who was a member of Clare County Council for 33 years between 1974 to 2007.

Lisdoonvarna man Lafferty was elected as a Labour Party candidate in the Clare County Council elections of 1974, 1979, 1985 and ‘91, before leaving the party in 1992 in opposition to the party decision to go into coalition with Fianna Fáil.

“I left Labour because before the General Election in 1992 party leader Dick Spring said that ‘the culture of Fianna Fáil was a cancer of Irish society’. Labour said they wouldn’t go into coalition with Fianna Fáil but they did, so I owed it to my supporters to leave. But now I’m supporting the Labour candidate, because I am impressed by his credentials,” added Lafferty.

Lafferty’s is the latest former Labour stalwart to embrace the party’s cause in Clare once more, following on from the decision of former mayor of Clare and current member of both Clare County Council and Shannon Town Council, Cllr Patricia McCarthy to back Mr McNamara’s Dáil bid.

“The support of the extended Labour family is crucial to the party’s chances of winning a seat in Clare,” party leader Eamon Gilmore told The Clare People on a visit to the constituency two weeks ago.

Meanwhile, current mayor of Clare Cllr Christy Curtin, who is another former Labour Party member, has declared that “the jury is still out on who I will support in the election”. However, The Clare People can reveal that party activists are hopeful that behind the scenes the county’s First Citizen will back Mr McNamar’s Dáil bid, without compromising his independent status.

TWO West Clare water treatment plants provided approximately 2,000 cubic metres per day of water to Ennis and Clarecastle during the freezing weather, despite suffering severe leaks.

According to figures from the Water and Sanitary Services in Clare County Council, before the thawfreeze problems at the end of December and beginning of January, the combined production of the two Doolough treatment plants were approximately 13,500 cubic metres per day.

During the period December 20, 2010, to January 6, 2011, the average production was approximately 20,700 cubic metres per day – an increase of 53 per cent on normal supply.

As about 2,000 cubic metres per day of this water was sent to the Ennis area to ensure domestic and industrial supply in Clarecastle, the amount of water being lost in the area to leaks was estimated at 18,700 cubic metres squared.

During the later half of this month the two plants were continuing to lose 25 per cent of their combined normal supply to leaks indicating that there was still a lot of work to be done in locating and repairing leaks at west Clare’s largest treatment plants.

The Gortglass Lake treatment plant lost 500 cubic metres, or 50 per cent of its usually supply, every day during the bad weather due to leaks.

Council officials attributed the relatively few cases of water loss in west Clare this winter to “good spare capacity” in west Clare treatment plants and the large sizing and relatively new condition if much of the network.

There was therefore little or no need for overnight shut-offs to allow reservoirs to replenish as had to be done in the rest of the county.

“However, even though consumers may not have been as directly affected, the leaks and losses of treated water caused by the weather were, and still remain, just as important an issues in west Clare as in the rest of the county,” explained Sean Ward, Senior Engineer with Clare County Council.

“Unsustainable additional expense has been and is being incurred in locating and repairing leaks, and in treating and pumping the additional quantities of water being demanded by the network.”

FORMER Minister for Defence and Clare TD Tony Killeen (FF) has been given the un-coveted job as National Director of Elections for Fianna Fáil.

The Corofin man, who is retiring from politics at this election due to health concerns, told The Clare People that he wasn’t surprised when the call came from Fianna Fáil’s new party leader Michéal Martin on Sunday.

“I have some reservations in being able to do it, both physically and in terms of experience, but I have a strong team around me,” he said.

“The downside of this is that I will have to spend a lot of time outside Clare and in Dublin during the election, but I will be there in Clare as much as possible supporting the two candidates.”

THE number of people on the Live Register in County Clare is set break the all time record when new figures are released by the Central Statistics Office (CSO) later this week. The figures will be released just days after one of Clare’s landmark hotels, The Clare Inn, went into receivership on Friday last.

Two hotel’s from the Lynch Group, including the Clare Inn, were placed into receviership last week but Managing Director Michael B Lynch said he will work with the banks to protect the jobs.

Managing Director Michael B Lynch told The Clare People yesterday “that the West County Hotel will remain under Lynch management and that it’s business as usual”.

Shannon-based company EI Electronics announced on Friday that it would be letting between 30 and 40 employees go at the end of February.

This follows a number of other jobs losses around the county in January with Finsa in Scariff announcing the loss of 52 jobs and east Clare builders Tom Hayes Ltd going into liquidation with the loss of 20 jobs.

According to Paul Woulfe of the Clare Citizens Information Service, he has seen a sharp increase of recently unemployed people using the service since Christmas.

“We have seen a large increase in the number of people coming to see us with questions about redundancy and issues related to losing their jobs. For many of these people, their companies cannot afford to pay them redundancy so they have to go through the long process of applying to the Social Insurance Fund,” he said.