Month: November 2012

A PROPOSAL to ask the Minister for Transport, Leo Varadkar, to introduce new ‘D’ plates for any driver convicted of drunk-driving for a second time was rejected at last night’s meeting of Clare County Council.

The proposal, which was put forward by Cllr PJ Kelly (FF), proved controversial both because of the details of the motion itself and Cllr Kelly’s use of the phrase “Séan Mac An Asal”.

Cllr Gerry Flynn (IND) criticised Cllr Kelly over his use of the phrase, which he said was a derogatory term and insulting to rural dwellers.

“Many offenses are on the increase in this country because the punishment is not enough. Unfortunately, accidents are going to happen and we sympathise with anyone who has been involved with it. Accidents are inevitable but some of them are avoidable,” said Cllr Kelly.

“I don’t think that people would drive under the influence if there was a bigger deterrent in place. I think it would be much better to allow people to stay on the road and instead force them to carry a ‘D’ plate on the car.

“As well as that, I would suggest that people who are convicted of driving under the influence should be forced to appear bi-weekly at a local garda station. I think that would also be a deterrent for people.”

The motion was opposed by a large number of councillors and was eventually defeated, with 17 councillors voting against it and just two councillors in favourof it.

“I have a lot of respect for Cllr Kelly but I cannot support this motion. I think this would trivialise this [drink driving] to a serious degree and I can’t support that.

“This is a very serious issue and there have been plenty of lives lost because of this in recent years. The most suitable thing to do is put someone off the road,” said Cllr Cathal Crowe.

This feeling was echoed by Cllr Patricia McCarthy.

“I think that one conviction for drink driving is bad enough, but a second conviction, I think that a person should be put off the road for life. I don’t think anything justifies having a drink and getting behind the wheel of a car,” she said.

CLARE County Council are set to review sections of the County Development Plan that prevent people from selling a property built in certain parts of the county for seven years after its construction.

Councillors decided at last night’s meeting of Clare County Council to review the situation, following a joint motion put forward by Cllrs PJ Kelly (FF), Tom McNamara (FF) and Joe Cooney (FG).

According to councillors, a change to the current County Development Plan could promote construction work in parts of the county and allow people who have been forced to emigrate to offload properties at home.

At present, a property owner can apply to Clare County Council for a condition of a planning permission to be changed.

The council yesterday declined a suggestion from Cllr PJ Kelly to advertise the existence of this process in the local media.

“These mechanisms were put in place to grant planning permission where development would otherwise not have been possible, not to prevent developed. Planning systems are about proper planning and not economic decisions and I think that is as it should be,” said Director of Services for Clare County Council, Ger Dollard.

“Anybody can apply to have the conditions removed under the current situation. But putting an ad like that in the paper would only give false hope to people. There are no easy solutions to this and I don’t think that just letting the conditions be changed is the way forward.”

Councillors yesterday put a timeframe of one month on a review of these sections of the County Development Plan.

Cllr PJ Kelly also questioned County Manager, Tom Coughlan, about the powers of a county manager to make changes to individual planning applications.

Cllr Kelly suggested that he had some information that he would make public in the future.

“I don’t know what Cllr Kelly is talking about. If you [Cllr Kelly] have information, put it out there and let’s deal with it. We can’t answer hypothetical questions about hypothetical situations,” said Mr Coughlan.

“There is a legal policy for changing the County Development Plan and it cannot be done by a notice of motion. There has been a framework set up for making these amendments. The director [Ger Dollard] has suggested that this matter be referred to that process and I think that is what we should do.”

CLARE County Council have spent € 571,000 on legal expenses for the first 10 months of this year, according to figures released at last night’s meeting of Clare County Council. It now appears likely that the total legal fees paid by the local authority for 2012 will be substantially lower that the € 1,083,000 paid out by Clare County Council in 2011.

Despite the likely reduction of legal expenses for 2012, a number of councillors raised the issue of Clare County Council employing its own in-house legal team, instead of sourcing outside legal representation. Cllr Joe Arkins (FG) referred to a motion put forward by former county councillor, Senator Martin Conway (FG), on this issue a number of years ago.

“I think the costs of legal fees are quite considerable. One wonders is there value in the argument that the council should have in-house legal expertise instead of having to buy it in in this way. I don’t think that the local authority can continue in this way. The public are looking for value for money and I don’t know does this represent value for money,” said Cllr Arkins (FG).

County Manager Tom Coughlan said that despite a previous motion by Senator Conway being approved by the council, this was not implemented because the council could not afford to take on an in-house legal team.

“The motion put to council by Senator Conway asked if it would be more efficient to outsource our legal services or to employ people in-house. Every motion adopted by the council can’t be implemented, because there is not funding for it. Just because a motion is put forward and seconded by the council, doesn’t mean that we have the ability and the money to actually do it,” said the county manager.

“Savings and value for money is something that we are looking at very closely. I wish we didn’t have any legal costs at all. Life would be much simpler for us if people didn’t take cases against us. It would also be much more helpful for us if these cases were resolved as quickly as possible. But that is the legal system.

“It is not that we just accept a bill and say we will pay it. Many of our bills, especially the larger bills, are assessed independently to determine if we are being charged fairly. I would prefer to drive down the legal costs in the system that we have and not change the system.”

The meeting also heard that total architectural, civil and mechanical engineering fees from January to October of 2012 came to € 930,000, auctioneering came to € 48,000 and energy came to € 3,228,000.

THE young woman who lost her life in a road accident on the M18 near Barefield on Sunday afternoon has been named locally as Vicky Courtney from Athenry.

The young woman, who was due to celebrate her 27th birthday later this week, was driving home from Shannon Airport with her mother Pamela when the accident took place.

It is understood that the car collided with the motorway crash barrier before continuing for more than 20 metres and smashing into a timber fence.

Ms Courtney was thrown from the car and suffered extensive injuries. She was treated for her injuries at the scene by a doctor who happened upon the accident but her injuries were too severe.

Her mother was trapped inside the vehicle for a number of minutes before she was freed by the Ennis fire brigade.

Gardaí from Ennis are investigating the tragedy, which was the sec- ond fatal road accident in Clare this year. On February 24, a 30-year-old man died when the car he was driving struck a wall near Clooney.

Meanwhile, gardaí in Gort are appealing for witnesses after an elderly man died in an apparent hit and run on the N-18 on Friday evening.

The incident took place just after 7.30pm on Friday evening when a 65-year-old man was attempting to cross the road and was struck by a vehicle.

The man, who has since been named as Gerry Keane from Ardrahan, was taken to University College Hospital in Galway where he died early on Saturday afternoon.

Gardaí in Gort are looking to speak to the driver of the car, who did not remain at the scene, or anyone else who may have witness the incident. It is understood that the incident was captured on CCTV but Gardaí are appealing for the driver to come forward.

Anyone who witnessed this collision or who can assist with the investigation is asked to contact Gort Garda Station on 091 636400.

ELEVEN fire and rescue service personnel from Clare who, between them, have a combined service record of 260 years were the toast of the 11th annual National Long Service Awards Ceremony that took place in Dublin at the weekend.

At a ceremony hosted by the Minister of State at the Department of the Environment, Fergus O’Dowd, two fighters from the county were presented with 30-year awards, while the remaining nine received 20-year awards.

The 30-year award winners were Martin Rodgers, who is a Sub Station Officer with Killaloe Fire Brigade and Joe McMahon, a firefighter with Kilkee Fire Brigade.

The 20-year award winners were Clare’s Chief Fire Officer, Adrian Kelly; firefighters Cormac Quinlivan, Brian Rudd, Frank O’Gorman, Paddy Doyle and Joe Tuohy; as well as Killaloe Fire Station Officer Paul Mollaghan and Sub-Station Officer Robert Fitzgerald.

The National Long Service Awards scheme is administered on behalf of the Department of the Environment by the National Directorate for Fire and Emergency Management.

The award in recognition of 20 years’ service takes the form of a medal bearing the traditional logo representation of the fire service – a helmet and crossed axes; the medal ribbon bears the Irish national colours, with a central column in red to represent the fire service.

The 30-year award is a representation of a flame in emblematic form. Both awards are accompanied by an appropriate certificate. Presenting the awards, Fergal O’Dowd TD, Minister of State at the Department of the Environment stated that awards scheme is the State’s way of honouring local au- thority fire service personnel for “being there over all the years, for being prepared to respond to calls for help, at all times, and in all weathers.”

“The commitment and professionalism of these long serving fire fighters is indicative of the highly experienced personnel employed by Clare County Fire and Rescue Service,” said Cllr Pascal Fitzgerald in congratulating the award recipients.

“Clare County Fire and Rescue Service has a proud tradition of Serv- ice to the people of Clare. Presently, our fire and rescue staff are among the most highly trained in the country and we are continually pushing to raise staff training levels even further,” said Chief Fire Officer Adrian Kelly.

“We remain fully committed to providing a multi-skilled approach not alone to the areas of fire fighting, but also to rescue and fire safety engineering. We are available for emergency response to the Community 24 hours a day seven days a week,” he added.

A PROMINENT North Clare hotelier believes that local surfers will have to be “held to account” if funding for a new pier in Doolin is lost.

John Burke, of the Burke Group of hotels, said yesterday that the majority of local surfers are in favour of the pier in principle but have been “misinformed” about the impact that the current design will have on the Crab Island wave.

The Burke Group currently employs 125 people in the area between the Armada Hotel, Hotel Doolin and Tír Gan Éan and believe that the development will be good for everyone in the area, including surfers. In a statement to The Clare People yesterday, he said that surfers will be “held to account” for their opposition, if plans for the pier are rejected by An Bord Pleanála and the funding is lost. “The surfing community is being misrepresented and perhaps misinformed by a number of people, as most surfers I’ve encountered claim that they do not in principle object to the development,” he said. “Some are misguided in believing that this pier will have a significant negative impact on the Crab Island wave, when in fact there will be no impact in most [weather and tidal] conditions on the most surfed portion on the wave. “The surfing community needs to be made aware of the facts of the situation and they need to assess their position based on those facts.

“If, after that, they still wish to object to the proposed pier development, that is their prerogative, but the current position taken by their representatives – that they don’t object to the pier but rather the level of research undertaken – does not represent a fair and honest approach.

“It’s now time to either object on clearly stated grounds, while accepting this may be to the detriment of the piers development, or apply pressure to their representatives to move forward with this.

“This pier will not have another opportunity for development, its funding will be taken, and there will not be energy or drive by any promoters to develop the pier. In this case, the surfing community will have to be held accountable for their position, it is imperative that they are comfortable with where they stand, they are obliged to the broader community and interests in the pier to satisfy themselves with their position.

“If they can’t do this, and can see the work and investigation, and that this can satisfy them, then now is the time to stand side by side and voice their opinion of support.

“The weight of history will rest on their shoulders.” The Clare People contacted the Lahinch-based West Coast Surf Club in relation to this story but no response was forthcoming at the time of going to print. We t fo r t h e e a rly p a rt o f t h e we e k b u t c le a rin g t o d ry a n d c o ld w it h t e m p s st a yin g we ll a b o ve fre e zin g

THE exploits of the “fighting priest”, Ballyvaughan’s Father Cornelius Sexton, have been revealed for the first time in a new book soon to be released.

Father Cornelius, or “Con”, joined the Australian army in 1940 and spent five years in combat areas in Malaya and Singapore.

During that time he suffered many injuries, was wounded in a Japanese shelling and was also captured and served time as a prisoner of war.

His story is now told for the first time in a new book, Hard Times, Decent Men by Neil Richards, which has just been published.

According to Richards, one of Father Sexton’s most dangerous nights came on February 8, 1942, when he was witness to a major Japanese offensive which forced a general retreat by Australian forces on Malaya.

During the ill-fated retreat, the truck that Fr Sexton was travelling in was hit with a Japanese shell.

“We had several wounded brought in during the night from the shelling and the colonel of our battalion sent up men to try and stop the enemy landing.

“It should never have been ordered, it was a massacre” he said in interview after the war.

“They didn’t stand a chance. The first two who were brought in were Chinese who were fighting with our forces.

“The doctor said to bring them down to the hospital so we loaded them on the back of the truck.

“The truck was struck with a mortar and myself and Jack [Australian soldier Jack Bowman] were blown out of the truck.

“I remember Jack said to me ‘are you alive, Father?’. And I said. ‘I am, are you?’”

Later that year, Fr Sexton was on a Red Cross truck bringing wounded men to the Selarang Barracks in Singapore which was fired on by Japanese soldiers.

Fr Sexton managed to make it through to the barracks only to become a prisoner of war when Aus- tralia surrendered the island on February 5, 1942.

During his three years as a prisoner of war, Fr Sexton continued in his ministries and delivered sacrament to both allied and Japanese soldiers.

He was eventually released in August of 1945 and was diagnosed with neurotic beriberi, a condition of the nervous system brought about by a lack of vitamins.

After the war, Father Sexton returned to Australia where he served as a parish priest until he retired in January of 1978.

THE organiser of a vigil for Savita Halappanavar in Ennis on Saturday said there will be further demonstrations and other actions if the government does not legislate for the X case.

According to organiser Ann Cronin, who ran as an Independent candidate in the last general election, action must be taken in the coming weeks to resolve the legal uncertainty highlighted by the death of Savita Halappanavar at University College Hospital in Galway last month.

The vigil attracted a crowd of almost 150 people, with a large number of passers-by joining in to show their support.

“It was a really good turnout. We had a nice turnout and a lot of people joined the vigil from the street. It was very encouraging that so many people showed up. It just shows you that this is such a personal matter and it affects a lot of people,” said Ann.

“No representative from any of the political parties showed up but then we didn’t go out of our way to invite anyone. I don’t think anyone in politics wants to touch this – it is too much of a hot potato. I think it is notable that all four of our elected candidates voted against legislation for this when it was proposed last year.

“I think it shows you exactly that they think of women’s health and how important it is for them.”

According to Ann Cronin, more events will be staged in Ennis in the weeks ahead if the government does not move quickly to resolve the situation.

“We will hold another event if there is no action. This isn’t going to go away, this is an issue that really upsets me and a lot of other people and I think that people realise that they have to do something about it – because if you wait for other people to do something then it will never happen,” continued Ann.

“This wasn’t just me and a bunch of my friends. This vigil was made up of strangers – men, women and families with children. People feel really strongly about this and the issue is not going to go away. People are not happy to wait for this to be resolved.”

STAFF from Clare Vocational Educational Committee (VEC) are unlikely to be redeployed away from Clare or Limerick under the formation of a new Education and Training Boards, a meeting has heard.

Clare VEC will join with Limerick City and Limerick County VECs as part of a new structure that will see 16 ETBs replace the existing 33 VECs.

Legislation to allow for the establishment of new ETBs is expected to be finalised by March.

At the November meeting of Clare VEC, CEO George O’Callaghan said there was a “remote possibility” of staff being redeployed away from Clare or Limerick.

He said such decisions are unlikely as the new Clare/Limerick ETB will have responsibility for a large area.

Clare VEC currently has responsi- bility for more than 2,300 post primary school students.

He told the meeting that the new entity would be responsible for 19 post-primary schools in Clare and Limerick.

In response to questions from former committee chairman Flan Garvey, Mr O’Callaghan told the meeting that VEC staff are unlikely to be offered a specific early retirement package.

He said any offer would more like- ly apply across all the public sector.

Mr O’Callaghan has been named as CEO Designate of the new city of Cork and Cork County ETB.

Mr O’Callaghan told the meeting that following the establishment of Cork ETB, he will be seconded to the new Clare / Limerick ETB.

The new 18-member ETB committees will comprise 10 local authority councillors; four representatives from the community and business sector; two staff members and two parents.

The meeting heard that until the establishment of the new boards, all current 21 members of Clare VEC would attend ETB meetings.

In total, around 60 people will sit on the Clare / Limerick until after local elections in 2014.

Mr O’Callaghan said there had been some discussions around the formation of sub-committees.

He said such groups would not have statutory powers.

A FORMER GAA coach who indecently assaulted two young boys in areas of Clare over a two-year period in the early 1980s will be sentenced next January.

James ‘Tony Lowry’ Maher (69), of Clonroadmore Beg, Ennis would drive the victims around Clare, buying chips, cigarettes and alcohol before performing sexual acts on them. Ennis Circuit Criminal Court heard yesterday that the abuse of one young boy began in 1982 when the accused was the manager of a hurling team.

One of his victims told the court that he was ‘scarred for life’ as a result of the abuse.

Mr Maher previously pleaded guilty to 14 counts of indecent assault in respect of this victim, committed in areas of Clare between January 1982 and July 1984.

Mr Maher, a founder member of the Banner GAA Club, would call to the boy’s house after going for drinks with his father.

A Banner GAA club spokesperson confirmed to The Clare People on Monday night that Mr Maher has not had any involvement with club ‘for well over twenty years’.

Detective Garda Beatrice Ryan of Ennis Garda Station told the court that the former Clare County Council employee would drive the boy home from training and matches.

Victims have told how they battled addictions and attempted suicide after the abuse they suffered at the hands of the Ennis man.

Detective Garda Beatrice Ryan read out the man’s victim impact statement in Ennis Circuit Criminal Court. The man stated, “It’s sad that I was always blaming myself and family for what this paedophile was doing to me.”

The man first met Mr Maher through his involvement with the Banner GAA Club. He stated, “At 15, I was hospitalised for drink and I tried to commit suicide.”

The man’s statement added that he tried to commit suicide for a second time aged eighteen.

Another victim of Mr Maher read his victim impact statement in court yesterday.

He told the court that he was 11 when Mr Maher first assaulted him. He said the incidents had a “horrific impact” on his life and that he would be scarred permanently as a result.. Judge Caroll Moran adjourned sentencing until January 14, 2013.