Category: News

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.

MORE people have drowned in the county in the last eight days, than have died in the county’s roads so far this year. Last evening (Monday) a third man, believed to be in his 60s and from Shannon, died while swimming in Kilkee.

The tragedy occurred at 4.55pm when another bather noticed him in trouble and brought him ashore.

A team of lifeguards tried to resuscitate the man while the defibrillator was brought from Nolan’s shop just yards away.

The coast guard helicopter was in Ballybunnion at the time of the incident and was on the scene within eight minutes, and had the man airlifted to University Hospital Limerick by 5.15pm.

Kilkee Coast Guard area officer Martony Vaughan said, “everything that could be done was done”, as paramedics, the coast guards, lifeguards and doctors were on the scene within minutes.

“The lifeguards performed exceptionally,” he added referring to the team of lifeguards who also worked during a similar incident on Sunday week last in Kilkee, during which Limerick man John Looby drowned.

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.”

A FATHER drove a car the wrong way around a roundabout nine times in the centre of Ennis last year, ramming into vehicles including a Garda car, a court has heard.

Bernie McDonagh Snr (46) was the driver of the car that contained a 10-year-old boy strapped into a rear seat of the car. He crashed into three vehicles including a Garda car and attempted to run over three men who fled a Hiace van in terror.

Astonishing details of a violent public order disturbance that occurred at the Maid of Érin, Ennis, on October 14 (2012), were heard at Clare Circuit Criminal Court on Friday. The court was told that a garda was used as a human shield between a man and a 16-year-old boy carrying a hatchet. Martin Doherty grabbed Garda Martin O’Brien (Ennis) to use him as “shield” as the boy brandished the hatchet, the court heard. The teenager dropped the weapon after he was pepper sprayed.

The violence witnessed at the Maid of Érin last October was sparked by an alleged incident at a wedding in Ennis some days earlier. A garda has spoken of how her “life was turned upside down” after the reckless actions of the driver on the Maid of Érin roundabout, an incident she thinks about every day since.

“It was my belief that I was going to be seriously or fatally injured,” she told the court. Garda Marie Burke said in her six years as a garda she had never seen anyone behave in such a reckless manner, adding it was a “miracle” that nobody was killed.

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’.”

ENNIS Town Council is to press ahead with plans for a significant face-lift of the Ennis market area.

A covered market will be placed in Garraunakilla the cur rent home of the Ennis Farmers’ Market. The second phase of the plan will see a covered market style development in Barrack Street.

The council is to proceed with a Par t VIII planning repor t for the re-development of both areas after a majority of councillors at yester- day’s meeting of Ennis Town Council spoke in favour of the proposals.

It comes after a report by architect Richard Rice identified a car park off Lysaght’s Lane in lower market street as the prefer red star ting point for the re-juvenation of the market.

However councillors yesterday expressed opposition to the Lysaght’s Lane proposal and urged the council to begin work in Garraunakilla.

The proposal was backed by councilors Tommy Brennan (Ind) and Mary Howard (FG) who said the council should look after traders in the farmers’ market.

Cllr Peter Considine (FF) also suppor ted siting the new covered market in Gar raunakilla. He said, “I suspect the majority of people, from the town and country, would like to see it in the traditional market area of the town.”

Cllr Brian Meaney (FF) told the meeting that the farmers’ market strongly opposed any move to Moran’s car park. He said no trader wanted to be “isolated in a dreary cor ner of a car park”.

Councillors agreed that Moran’s car park would be considered as part of a longer term re-development of the market.

There will also be an impact on the mall area of the market with town clerk Leonard Clear y saying an area will be closed off for pedestrianisation when the area is eventually re-developed.

He explained, “It’s going to look and feel ver y different and it’s obviously going to have an impact on traffic as well.”

The council has set a June 2014 deadline for work to start in Garraunakilla and Barrack Street.

The meeting heard that the re-de- velopment would involve the drawing up of new traffic management plans for the market.

Richard Rice of Healy Par tners Architects was commissioned by the council to explore the possibility of developing covered markets in Ennis.

The repor t strongly recommends the nor thern elevation of Gar raunakilla develop appropriate retail activity.

It also recommends the inclusion of a covered area and a kiosk if Gar raunakilla is retained as a farmers’ market.

LONG term plans to develop a market in a car park off Lysaght’s Lane would involve creating an access point from O’Connell Street through the old Moran’s building, a meeting has heard.

The prospect of Ennis Town Council buying the building to connect the car park directly to O’Connell Street was raised at yesterday’s special meeting of Ennis Town Council. Councillors met to discuss a report by architect Richard Rice on plans to develop a covered market in the centre of Ennis.

The Moran’s car park had been identified by the report as the preferred location for the first in a series of phased steps that would significantly alter access and the overall appearance of the market.

The council views the plan as major flagships and legacy project. Mr Rice’s preliminary report stated, “We recommend that the Lysaght’s Lane option be considered for development as the location for the Farmers Artisan Market. It is at the retail core of the town; is within a defined urban space that offers very positive development potential; establishes a pedestrian zone at the town centre; offers opportunities to local business to develop their premises towards the new market location.”

Cllr Johnny Flynn (FG) spoke in favour of Mr Rice’s recommendation saying the cost would be significantly less than developing other parts of the market.

Cllr Flynn told the meeting that a number of traders and local businesses had expressed support for the proposal.

However a majority of councillors proposed that the re-development start in Garraunakilla and Barrack Street.

Cllr Brian Meaney (FF) told the meeting that he spoke with conservation officer Dick Cronin about the proposal to put a covered market on Lysaght’s Lane.

He said Mr Cronin is “very much against” the proposal as it is an “architectural heritage area”.

Cllr Paul O’Shea (Ind) requested the council seek a report from Mr Cronin about the proposal.

Cllr Michael Guilfoyle (Ind) urged the council to explore the possibility of covering Parnell Street and erecting arches at either end of the street.

He added, “Businesses in Parnell Street are paying rates and they have to be given a chance to come back.”

Cllr Tommy Brennan (Ind) also called on the council to devote more resources to Parnell Street, claiming it had been left neglected by the Council.

Town clerk Leonard Cleary said the council will look at Parnell Street and will hold discussions with local businesses in Barrack Street about the possibility of a covered market there.

BORD Fáilte has refused to pay out for proper signage highlighting the tourism information point in Kilrush. That is just one of the many accusations levelled against the national tourism promotion body, who closed its two tourist offices in West Clare this year.

Instead it tendered for two private businesses to take on a Bórd Fáilte-supported Tourist Information Points, but Rebecca Brew the proprietor of Crotty’s in Kilrush who won the tender is not enamoured by the support to date.

She said that the information stand for the thousands of booklets and leaflets was inadequate and Bord Fáilte sent a plastic A4 sign to indicate where the information point was that was also inadequate.

The businesswoman added that Crotty’s was happy to provide the service and would purchase a sign “but the sad fact is we have four paid staff who are trained to provide information and we can’t get € 100 for a sign”.

Crotty’s staff were sent on information trips by the business and not by Bord Fáilte so that they could tell tourists about facilities all over Clare.

“We are doing the best in the capacity we have,” said Ms Brew.

Kilrush town councillor Tom Prendeville (FF), who has been critical of Bórd Fáilte’s support of West Clare tourism, said that he would sponsor one sign.

He criticised Bord Fáilte for closing the tourist office in Kilrush and Kilkee and insisting whoever took on the responsibility of the information point would take on all of the overheads.

He added that € 150,000 is given by Enterprise Ireland to the Dublin Horse Show every year but a € 100 for a sign in West Clare cannot be found.

TO BEE or not to bee – that is literally the question facing Clare County Council as it considers designating Ireland’s first Honey Bee Sanctuary in the Burren.

The native Irish Black Bee is under threat and non-profit Banner Bee Keepers are supporting the Native Irish Bee Society to preserve the bee natural to the area.

The society has now proposed that the Burren be designated a sanctuary for the endangered bee.

There are several threats to the native honeybees in Ireland. The gene pool has been drastically reduced by the varroa mite – an exotic parasite which originated in Asia.

Up until the mid-nineties, Ireland was one of the few varroa free zones left in the world. It arrived in the country with imported honeybees. The tiny little mite has resulted in the near eradication of feral colonies of honeybees that existed in the wild from time immemorial.

“Importation of honey bees is a practice which beekeeping bodies and most beekeepers in Ireland do not condone, as many more bee pests and diseases could enter Ireland in a similar way in the future,” explained Frank Considine of Banner Bee Keepers.

“There has been an upsurge in interest in honey bees in the last few years and some people are tempted to import honey bees. This can have dire consequences for the native bees which can cross breed with them and become aggressive,” he said.

“This in the long term could have a devastating effect on the sustainability of the native honey bee in Ireland. Some parts of Ireland have larger populations of pure native bees than others. It is hoped in the future, that these localities will become conservation areas for this endangered sub species of European honey bee.”

Supporting the need for a bee sanctuary, Cllr Brian Meaney (FF) said this is a necessary project but it will be quite difficult to develop, as it will need to include a number of bodies including the council, the OPW, and the National Park and Wildlife.

A TOTAL of € 4.06 million has been collected from households in County Clare from last year’s household charge.

The € 100 tax per household proved controversial at the time, and has since been replaced with the property tax. The Revenue Commissioners have not yet provided an analysis by county of the Local Property Tax collected to date.

However Clare people have proved to be compliant with the former household charge with more than 80 per cent paying up.

Clare county councillor Christy Curtin (Ind) believes the Government should return money taken from the council coffers last year because just over 60 per cent of property owners had paid the charge.

The high compliance rate and the amount of money collected makes a good argument for the funding to be returned he maintained.

The General-Purpose Grant allocation from the Local Government Fund was reduced by € 243,631 in July 2012 as a penalty set by the Department of the Environment, Community and Local Government.

This reduction was based on the level of household charge compliance achieved up to July 2012. This adjustment was confirmed by the Department of Environment, Community and Local Government in September 2012.

The household charge introduced in 2012 has been replaced by the Local Property Tax, which became operational on July 1, 2013, resulting in a half year Local Property Tax charge in 2013. A full year charge will apply from 2014 onwards. In 2013 there is not a direct allocation to Local Authorities from the Local Property Tax.

Niall Barrett, Head of Finance at Clare County Council, said the Minister of Environment, Community and Local Government has indicated that of money collected from Local Property Tax in 2014, 80 per cent of the amount collected for a county will be remitted to the local authority where the tax is raised.

“The remaining 20 per cent of the tax collected nationally will be redistributed on an equalised basis to local authorities within the context of the annual allocations of the General Purposes Grants,” he said.