Month: July 2013

HUNDREDS of Clare cars are set to be forced off the roads indefinitely later this year as a change to the procedure for taxing cars could make driving a car too expensive.

That is according to Clare based community group Dealing With Debt – who believe that the proposed changed will force poorer motorist off the road indefinitely.

Under the new scheme motorists will have to declare their vehicle off the road in advance in order to avoid being penalised and having to back tax their vehicles, even if the vehicle is not being driven.

“According to the Government the new motor tax bill was introduced to deal with non-compliant motor tax payers. [Minister for State] Fergus O’ Dowd’s comments on this, in which he describes the motor tax evasion loophole, shows the lack of reality on this issue,” said DWD chairperson, Joe Corbett.

“The sad reality is that the majority of these people cannot afford the extremely high levels of motor tax especially on older vehicles. People that can afford newer Eco Friendly vehicles can avail of the relatively low taxation bands available, however less well-off people with older and larger vehicles are penalised for not being able to afford such vehicles.”

Mr Corbett says that this new system will create a situation where poorer motorists are forced to subsidise richer motorists.

“They are further penalised in the limited payment methods available – as taxing on a three month basis is more expensive than on a 12 month and no direct debit or similar methods of payment are available under the new motor tax legislation,” he said.

“The lack of public transport especially in rural areas makes a car a necessity therefore a more realistic and affordable motor tax scheme is required.

“The bill doesn’t seem to take into account everyday problems such as NCT failures, illness and such matters which are impossible to have prior knowledge of.”

FORMER Killaloe doctor Paschal Carmody believes lives could have been saved if he was allowed to continue to provide treatment to cancer sufferers.

The 65 year old was struck off the medical register in 2004 but secured a Supreme Court judgment that allows him to practice biological medicene.

Speaking on Wednesday after the Director of Public Prosecutions (DPP) withdrew outstanding charges against him, Mr Carmody said his greatest regret was not being allowed to continue to care for his patients.

“The great regret I had is that I had 150 patients at that time, long term survivors, five years plus. When I was stopped, and it wasn’t just photo-dynamic therapy, it was all treatments, the duty of care was stopped for these patients.”

He claimed that lives were lost as a result of the decision to halt the treatment. “I do believe lives were lost. I have no doubt, I saw myself people who were maintaining very well, treatments two or three times a year. That was taken from them.

“In effect, each person was on treatment that is not available through any other source. I was the only doctor at the time providing treatments like that, photodynamic therapy. They stopped all that. People died over the years and one has to suspect it was through the withdrawal of that treatment for that illness.

“These are issues I have deep concerns with, a lot more than what I had to go through myself,” he added.

Mr Carmody said the Irish health system is going to have to take a more holistic approach to the treatment and care of patients.

He said, “We did attempt to bring in other modalities of treatment that could influence the welfare of sick people. It wasn’t for any other purpose but to enhance their wellbeing and to prolong life. If you went beyond that, that was marvelous. Sometimes we did. We had patients that survived and are alive today. They are still alive today 20 years later. These are the issues that kept us going through these dark times.”

He added, “I would still believe that the future is in this type of approach, a much wider approach as opposed to one treatment for one disease. I would say there is one disease but many approaches.”

Mr Carmody also indicated he may mount a legal challenge to the Irish Medical Council’s decision to take away his medical license.

Mr Carmody described the alle- gation that he had offered patients a cure for cancer as “outrageous”. He said, “That was contemptuous. That was the most vile add-on to the charges imaginable. No doctor or no intelligent person would say, ‘I can cure you of cancer’.”

A FORMER Clare doctor has said an expensive nine-year legal process against him has had a “catastrophic” effect on his life.

Paschal Carmody (65) walked free from Clare Circuit Criminal Court on Thursday after he was cleared of the outstanding charges against him.

It had been alleged that Mr Carmody obtained € 14,300 through falsely pretending that he could cure the cancer of the late JJ Gallagher of Kingswood, Mullingar, County Westmeath.

Counsel for the State, Stephen Coughlan, told the court that Mr Carmody would be relieved to hear that the Director of Public Prosecutions (DPP) had decided to enter a nolleprosequi in the outstanding charges against him.

Defence Counsel Lorcan Connolly BL said that concluded all matters against Mr Carmody.

The decision comes seven months after Judge Raymond Fullam directed that Mr Carmody be found not guilty on all nine charges of obtaining money from families of Wexford schoolboy Conor O’Sullivan (15) and Kilkenny man John Sheridan (57).

The charges related to the period 2001-2002 at the East Clinic in Killaloe.

Speaking to reporters after the brief hearing, Mr Carmody, with an address at Ballycuggeran, Killaloe, said the last nine years had been “stressful and expensive”.

He said, “It has been catastrophic. There’s no point in saying it hasn’t been catastrophic. It has been. Okay, I’m a strong man and I can carry it, but it was continuous. It was going on and on. It went on far too long. I will face a trial. I will face any charge and I can take my beating if I’m wrong. But to be taken through the courts three times on evidence that Judge Fullam said was so weak it would be dangerous to progress. I knew that from beginning but why or who or what motive was behind or who was behind it, I don’t know. There was some force behind it that wasn’t motivated by the right circumstances”

Mr Carmody also revealed that he had spent between two and three million euros legal fees since the process began.

Asked if the end of the prosecutions against him had restored his reputation, Mr Carmody said, “It will have to. I’m totally vindicated. I spent over 100 days in court in total. There was no conviction against me. There were 46 charges originally. Not one charge was proven so therefore I feel I am totally vindicated. My work was not in any way wrong. I feel I can now move forward and get on with my life.”

LABOUR TD Michael McNamara has admitted it was not an accident and that he agreed with the opposition’s amendment to the Protection of Life During Pregnancy Bill 2013, when he voted for it during the early hours of Thursday morning.

He said however that voting for the amendment on fatal foetal abnormalities was a mistake as it could have resulted in loopholes in the bill resulting in it falling, but not because he disagrees with the opposition’s proposal.

On reflection he maintains that he should not have voted for the amendment and it was a mistake due to its timing.

The Clare TD caused uproar during the late night, early morning sitting of the Dáil, when he voted against his own party whip on the amendment on the controversial bill just before proceedings were adjourned at 5am.

“At that time, I didn’t have time to appreciate the potential legal consequences of the decision if it had resulted in a change to the legislation. While the Bill as passed would, in my opinion, almost certainly be found to be Constitutional if referred to the Supreme Court under Article 26, the Constitutionality of a clause including fatal foetal abnormalities would be slightly less certain and under Article 26 an entire Bill is upheld or struck down. Therefore, to conclude the amendment would have been a mistake. Therefore, I realised my vote was a mistake,” he said.

“The government has said it is prevented by the Constitution from legislating for fatal foetal abnormalities. Yet it told the European Court of Human Rights in 2006, it would be Constitutional,” he said referring to the argument the Government made in the D versus Ireland case at the European Court of Human Rights in September 2005.

Miss D claimed her human rights were violated because of the lack of abortion services here. Her baby had been diagnosed with foetal abnormalities so severe it could not live outside the womb. The case was dismissed after the court ruled that the aggrieved individual had not brought an action before the Irish courts, therefore failing to exhaust all domestic avenues open to her.

“I want to see the issue addressed but accepted that would not be part of this bill and I voted with the Government as further amendments on the controversial abortion legislation were debated on Thursday evening, night and into Friday morning,” said Deputy McNamara.

Bernadette DEEGAN
, Ballymacahill, Barefield, Laid to rest in the Ireland Crematorium. May she rest in peace.

Kevin CARR
, 26 Clonbealy, Newport,Tipperary / Shannon. RequiemMass onTuesday at 11.30amat Newport Church, burial afterwards in Rockvale Cemetery Newport. May he rest in peace.

Teresa CARTER
, 30 McHughVillas, Ennis. Laid to rest in Romford Cemetery, Hollymount, Claremorris, Co Mayo. May she rest in peace.

Vera KELLY (née Hassett)
Ashview Court, Sixmilebridge/Ennis. Formerly of Drumbiggle Road, Ennis. Requiemmass on Tuesday at 11amat Sixmilebridge Church, followed by burial in Killeen Cemetery. Family flowers only please, donations, in lieu, if desired, to Milford Hospice. May she rest in peace.

Sean GARRAHY
, 53 College Green, Ennis. Formerly of Carnane Cross, Doolin. Peacefully at home. Laid to rest in the Holy Rosary Cemetery Doolin. Donations if desired to Doolin rescue or Milford Hospice. May he rest in peace.

John (Jack) MCMAHON
, Killenaugh, Carrigaholt. Peacefully at Regina House, Kilrush Laid to rest in Kilballyowen Cemetery. May he rest in peace.

Helen O’SULLIVAN (née Moloney)
, MeadowCourt, Naas, Kildare / Ennis.After a long illness. Helen will be sadly missed by her loving husband Denis, daughters Muireann and Caoimhe, mother-in-lawMary, sisters Mary, Teresa, Brid, Evelyn and Catherine, brothers Christy, Frankie, Paddy, Joe and Sean, brothers-in-law, sisters-in-law, extended family and friends. (Sister of the lateWillie, Martin and Michael, Flannan’sTerrace, Ennis.) Funeral Mass onTuesday after 10amMass at the Church of the Irish Martyrs, Naas to St Corban’s Cemetery, Dublin Road, Naas. May she rest in peace.

Patrick (Pat) DOWNES,
SteelesTerrace Ennis and Castle Park, Kilmihil. Laid to rest in Kilmihil. May he rest in peace.

Marion MACKENNA (née McHALE
), Drogheda/ Clare. Peacefully, at Our Lady of Lourdes Hospital, Drogheda. Laid to rest in Calvary Cemetery. May she rest in peace.

Darragh CURLEY,
Waterdale, Ballybroughan, Cratloe. Laid to rest in Craughan Cemetery. May he rest in peace.

Christina O’NEILL (née Kelly)
, Ballyline, Crusheen, Peacefully. Laid to rest in Kilawinna Cemetery. Donations, if desired, to Cahercalla Community Hospital. May she rest in peace.

Judith MCGANN
, Green Island Lodge, Ballyvaughan. Laid to rest in Ballyvaughan. Donations if desired in lieu to Milford Care centre. May she rest in peace.

MICHAEL McNamara (Lab) is not the first Clare TD to vote with the opposition while in Government.

Fellow east Clareman and Fianna Fáil TD Timmy Dooley mistakenly voted with the opposition when his party was in Government, when he accidentally pressed the voting button of an absent TD.

The seat beside Deputy Dooley was vacant at the time “he pressed the wrong button”.

Deputy Dooley said that he informed the clerk of the Dáil of the mistake as he had made straight away and that he intended voting with his Fianna Fáil party and against the Government at the time.

TDs have been known to regularly press the wrong button, but have 60 seconds to rectify it and usually do so.

Meanwhile all four Clare TDs voted for the Protection of Life During Pregnancy Bill 2013, with the exception of Deputy McNamara “mistakenly” voting for one opposition amendment.

Fine Gael deputies Pat Breen and Joe Carey voted as directed by the party whip in favour of the controversial legislation.

Deputy Dooley was not governed by his party whip as Fianna Fáil allowed for a free vote of conscience.

The Clare deputy voted for the bill.

THE Clare TD that “mistakenly” voted against his own party whip during a vote on the controversial Protection of Life During Pregnancy Bill 2013, criticised the timing of the vote. Labour’s Michael McNamara TD said, “I believe that TDs should not have been voting at 5 in the morn- ing unless legislation was urgently required, as in the IBRC liquidation. Relegating such matters to the small hours of the morning, 18 hours after the Dáil sitting began, is hardly indicative of a parliament that takes rights, or even legislating, seriously. “Instead time is allocated to ‘Punch and Judy’ private members motions every week. Government backbench TDs seeking to press the Taoiseach or Táiniste on legislative issues can only do so in the Order of Business where their questions are highly circumscribed and the answers given are frequently so general as to be meaningless,” he said. TDs were informed of the 5am extension of the sitting by text message at 9.57pm on Wednesday night. Fianna Fáil leader Micheál Martin described the move as ‘farcical’, but Taoiseach Enda Kenny said it was “no harm that it went on until 5am”. “I really don’t want to extend the Dáil sessions right until the end of July – people have had a very long season as it is. But I am required to have a number of other pieces of legislation go through,” he said. Meanwhile Sinn Féin president Gerry Adams is proposing that that the sale of alcohol in the Dáil Private Members’ Bar is subject to the same laws as other establishments in the country. The bar remained opened through the night of the votes on the Protection of Life During Pregnancy Bill 2013, with many TDs reported to have consumed alcohol prior to votes. The infamous ‘lapgate’ incident involving Fine Gael TD Tom Barry and his colleague Deputy Áine Collins has also added to the debate.

A FRESH appeal for Clare County Council to reduce its rates has been sounded out in Shannon this week following the announcement that one of the town’s newest retail businesses has signed a new three-year lease to remain at the SkyCourt Centre.

Having trial-traded SkyCourt Shannon as a retail location for the past twelve months, the big brandsfor-less retailer Dealz has signed a further three-year lease with SkyCourt, confirming its commitment to the shopping centre as an attractive option for retailers.

In hailing the announcement, SkyCourt manager Pat Kelly has called on the local authority to undertake an urgent review of its rates charges.

“It’s a misconception that we are charging high rents. We offer very flexible lease terms. We don’t, however, control rates, which is a huge issue for retailers who want to open in the shopping centre,” he said.

“For a lot of the retailers in SkyCourt, rates payable to Clare County Council are higher than the service charge or rent and this is a deterrent to setting up and a factor in many closures. We too would appeal to Clare County Council to urgently review the rates payable in Shannon,” added Mr Kelly.

The announcement that Dealz is to remain at Shannon comes as a major boost to SkyCourt, with Mr Kelly saying that the discount store has “become extremely popular with Shannon shoppers, generating the level of footfall required to remain sustainable”.

Calling on the people of Shannon to support their town, shop local, and keep businesses open, Mr Kelly said that the retention of Xtra-vision at SkyCourt is the perfect example of where this level of support is needed. SkyCourt management has agreed with the new owners of Xtra-vision to ‘trial trading’ in the centre until August 2013 when they will review trade and make a final decision to remain open or close.

“This store has always traded well in SkyCourt. We need to encourage the people of Shannon to get down to the store and avail of the great bargains currently available in the shop, and in so doing help to keep the store open into the future,” said Mr Kelly.

“It would be very disappointing to lose Xtra-vision from SkyCourt; we simply have to prove the Shannon store’s viability,” he added.

Commenting on recent closures in SkyCourt, Mr Kelly said that while Shannon has lost three shops since Christmas, it’s very much a reflection of the recessionary times and an occurrence that is being mirrored in towns throughout Ireland.

CLAIMING to be a natural blond may not be as straightforward as once thought, especially if the tresses in question have a green hue.

Hairdressers and colourists in a number of salons in Ennis have said that hair dyes have been found to go off colour depending on where the client is living.

Ladies and some gentlemen have been reporting a green tinge on their blond locks, while brunettes and red heads are also finding their lovely locks changing colour after several washes.

The hairdressers have put the changes down to elements of copper in some domestic waters, with high lime contents also causing havoc.

“Lime is less and less of an issues now since the change to the Ennis water,” said one hairdresser, “but there are still some private water schemes where it can be a problem.”

Sean Ward, Senior Engineer with Clare County Council, said there have been no problems reported to the council. Referring to queries about Ennis water he said, “The council is not aware of any change to the chemical composition of the raw water from Drumcliffe spring either in recent times or over the many years for which it has been the town’s source both via the old and new treatment plants.

“Small changes were made in early March 2009 (when new treatment plant began supplying the town) in the chemical processes to produce the treated water, but there haven’t been changes since then,” he said.

“All our testing indicates compliance with all the requirements of the 2007 drinking water regulations.”

Asked about Tulla he said, “The water there comes from the Broadford borehole, at which the only treatment is chlorination, and this hasn’t changed. Testing hasn’t shown any non-compliances.”

Asked about private scheme with and example given of Darragh, he said some premises have private supplies and some (mainly those nearer to Ennis and Ballyea) are on the Killone group water scheme.

“This is a private scheme with its own source, but Clare County Council tests its water, and no non-compliances with regulations have been found,” he said.

YOUNG people have been gathering all weekend to lay flowers and say prayers at a canal in Ardnacrusha which only days before was the scene of summer fun and merriment.

On Friday evening last the village of Meelick was shocked as news spread that popular local teenager Joe Kileen had drowned in the canal, which for generations of teenagers had been considered a dangerous rite of passage.

The 17-year-old who was described as “charismatic” and “upbeat” lost his life in the area of the canal known locally as “Head Race” while diving and swimming with a group of friends.

Just hours before the horrifying tragedy the ESB, who own the power station in Ardnacrusha that the canal serves, had warned against using the unguarded canal.

The eldest of a family of four from Kilavoher, Meelick, Joe attended St Nessan’s Community College in Limerick and before that the local primary school.

His former schoolteacher Cathal Crowe described the teenager as “a real up beat lad with great charisma. He had the biggest smile and wave when you would meet him.”

“I remember from school, he and his brother were tenacious and wiry soccer and football players. They were gifted and talented.

“He [Joe] was well liked by young and old in the community,” said the primary school teacher who is also a local county councillor.

“This tragedy has resonated with a lot of his age group. I would have taught a lot of his peers and they are all very shocked. The whole community is in shock. The life is gone out of the place. It has really hit home how fragile life is.”

Speaking about the area where Joe died, Cllr Crowe (FF) said it was almost a rite of passage for teenag- ers, an area that mothers have been warning their sons is too dangerous for generations. Unfortunately there have been several deaths there. Every generation can recall a tragedy in the canal,” he said.

“It is a beautiful amenity area in our community but we have to remember it is an industrial canal to service the power station and it is not safe for swimming. Right now is about laying Joe to rest, but this is something we must consider in the coming weeks,” he added.

Joe is survived by his heartbroken parents Marie and Pat (Douglas), younger brother Cian and younger sisters Jenny and Tara.

CLARE beachgoers have been asked to clean up their act, and council workers are providing more bins to help them do just that.

Clare County Council has employed additional resources to deal with the increase in litter that has resulted from what it calls ‘unprecedented’ visitor numbers to beaches such as Kilkee, Lahinch and Spanish Point.

The local authority says it is also installing additional, temporary bins along the length of the beach in an effort to minimise littering while litter wardens have been deployed to monitor littering activity. It is now urging visitors to Clare’s main beaches to take responsibility for their rubbish by bringing it home with them.

“Our beach is a fantastic resource for the wider community and it’s up to us all to ensure that we take home what we bring to the beach,” said Paul Moroney, Senior Engineer with Clare County Council.

“The council wishes to acknowledge those who have used the public bins to dispose of their litter. These bins are emptied regularly each day but often reach their capacity due to the unprecedented large volumes of visitors to the beaches. In Kilkee, we are finding that some people are dumping their litter along the seawall, on the beach or beside already full bins rather than bring their litter home with them. We are installing additional bins today to counteract the problem but would continue to ask the public to take responsibility for their own rubbish and leave nothing behind but their footprints,” he said. “Leaving or throwing litter in a public place is an offence that can be subject to an on-the-spot fine of € 150 or a maximum fine of € 3,000 if you are convicted of a litter offence in the District Court. Council litter wardens will take action where they deem necessary so we would advise the public to be wary of the law around littering. After all, indiscriminate dumping of picnic litter and other rubbish does not create a positive image for any beach or for local tourism.”