Category: News

THE death of a homeless man on the streets of Ennis earlier this month may draw greater attention on the plight of people badly in need of help, a court has heard.

Judge Patrick Durcan was speaking last week following the death of Czech Republic national Josef Pavelka (52).

Mr Pavelka’s body was found in a laneway beside Supermac’s Fast Food restaurant on O’Connell Street on Saturday May 4.

Mr Pavelka and his Polish friend Piotr Baram had lived rough on the streets of Ennis.

Their plight attracted nationwide attention in April when Judge Durcan described as a “scandal” a situation whereby Mr Pavelka had spent time living in a public toilet.

Judge Durcan read about the men’s circumstances in a report handed into court by the Probation Services. Mr Pavelka appeared in court on public order charges.

Emergency accommodation was secured for Mr Pavelka and Mr Baram at a tourist hostel in Galway but they returned to live rough in Ennis.

When his case was called at Ennis District Court on Wednesday, Judge Durcan was informed that Mr Pavelka had passed away.

Inspector Tom Kennedy said no evidence was being offered in the case.

Judge Patrick Durcan said, “This man’s life in this country is a matter of which nobody can be proud.”

Acknowledging that Mr Pavelka had serious “self-inflicted difficulties” with alcohol, Judge Durcan said;

“It is shameful and sad that this man died in the circumstances that he did.”

The court previously heard that Mr Pavelka acquired a certain “celebrity status” after his plight came to national attention.

Judge Durcan said this status reflected the generosity of the people in Ennis towards Mr Pavelka.

Judge Durcan said he hoped that Mr Pavelka’s death would alert more people to the plight of people in need and “impel them to act.”

Judge Durcan added, “He always struck me as a kindly gentleman.”

Ennis Town Council has denied that the men lived in the two public toilets, saying it has no evidence that they were used for accommodation purposes.

Judge Durcan said he was “concerned” by the denial of the men’s living conditions by the local authority.

Mr Pavelka was a client of solicitor Daragh Hassett of Ennis based lawfirm, Hassett Considine solicitors.

Mr Hassett said that through his involvement with Mr Pavelka, he witnessed the enormous good work that charities and other organisations do for people in need.

He said that unfortunately help came too late for Mr Pavelka. Mr Hassett said, “He was a gentle man in every regard.”

Inspector Tom Kennedy said Mr Pavelka was always easy to deal with from a garda perspective. He added; “Most of our concern was for his own safety.”

Insp Kennedy said very good progress had been made in contacting the deceased’s daughter and sister in the Czech Republic.

He said discussions were ongoing with Czech authorities with regard to burial arrangements.

Judge Durcan commended the gardaí on their handling of the matter.

ENNIS is getting ready to rock for the annual Fleadh Nua festival, which kicks off in the town on Sunday.

A fixture on the town’s calendar since 1974, this year’s festival features an expanded programme of events. There will be a special celebrity concert in honour of one of Clare’s foremost musicians, Brendan Mulkere. Recognised as an accomplished fiddle player, Brendan’s dual achievements as a teacher and musician will be recognised at a concert in the West County Hotel on Saturday, May 25.

Brendan’s guests will include brothers, John and James Carty, Niall Keegan, John Bowe, Terence O’Flaherty, Sinéad Egan and the Whelton Family. There will also be a performance by double All Ireland winners the Thatch Céilí.

Trad super-group ‘Four Men And A Dog’ will bring their high-octane live show to the West County Hotel on Friday, May 24.

The Gathering provides the inspiration for ‘Spraoi’ – The Kilfenora Ceilí Band’s latest concert presentation on Sunday, May 26.

The concert will also feature the vocal talents of Don Stiffe as well as the dancing skills of the West Clare Set Dancers.

Following a successful streaming of last year’s concert, which was viewed by almost 10,000 people in 40 different countries, ‘Spraoi’ will be available on www.livetrad.com.

Thursday, May 23 is Ladies’ Night at the Fleadh as the spotlight shines on musicians Joan Hanrahan, Bríd O’Gorman, Geraldine Cotter and Paul O’Regan.

CD launches are a relatively recent addition to the Fleadh Nua but have already proven hugely popular with festival goers.

There will be launches by Niamh Ní Charra and The Bonnymen in The Old Ground Hotel on Saturday, May 25. Enda Seery and Michelle Mulcahy will launch their album at the Temple Gate Hotel on Sunday, May 26.

Other events to look out for are the Gathering Parade, photographic displays, open-air entertainment, street entertainment, café music sessions and a tribute night for Ennistymon Comhaltas.

The popular Riches of Clare, free lunchtime concert series, will also continue to run during the Fleadh. The usual residency in the Clare Museum, Ennis, begins during the Fleadh Nua festival and continues each Wednesday afternoon during June and July.

IRELAND’S oldest matchmaking festival is going pink this September with a gay and lesbian weekend being added to the month-long Lisdoonvarna Matchmaking Festival.

This year’s matchmaking festival will begin with The Outing – a lesbian and gay weekend involving concerts, matchmaking and other events, all hosted by drag-queen Panti.

The event is the brainchild of local hotelier Marcus White who has contracted the organiser of the Dublin Pride Festival, Eddie McGuinness, to manage the event. According to McGuinness, the event will the biggest gay and lesbian matchmaking event ever to take place, anywhere in the world. It is not as yet clear if Ireland’s last matchmaker, local man Willie Daly, will be directly involved in the gay and lesbian festival.

PRIMARY and secondary level students are being called on by Ennis Tidy Towns, to enter their school in the Ennis Schools Sustainability Challenge 2013.

Schools who do their best to reduce waste, recycle and who are environmentally sustainable will be included in this year’s Tidy Town’s entry to help Ennis shine.

Feídhlim Harty of FH Wetlands System Ltd, has said Ennis Tidy Towns are looking for schools who have begun “composting apple cores, who have started a school vegetable garden, or who have even organised a second hand book sale”.

Being environmentally friendly means taking pride in your hometown, school and environment. The involvment of schools is of great importance to Ennis Tidy Towns and is critical to the future of Ennis.

“It’s really important that we can read and write but we must be able to look after the world around us. It is vital that young people get a sense of what it means to reduce waste and be environmentally sustainable,” according to Féidhlim.

“By doing this we can protect the environment and also help the pockets of our local schools.”

To enter your school into this year’s challenge, write a short description of your waste minimisation or sustainability project, when it started and what the results have been.

“We need you to keep it brief,” according to Feídhlim, “time is short, so from one line to half a page with bullet points will be perfect.

“The more initiative the better but it’s about highlighting the work students have done this year. It’s probably a bad time with exams and school trips around now but we want to give students the recognition they deserve for their hard work.”

Féidhlim has said that there is great hope for Ennis in the Tidy Towns competition this year and “each year the town has been going from strength to strength”.

Entries must be sent to reeds@wetlandsystem.ie. before May 17 to take part in the Ennis Schools Sustainability Challenge.

CLARE County Council will formally ask Clare’s six Oireachtas members to jointly propose a motion that would strengthen the local authority’s powers to move on illegal encampments.

The motion, which was put forward by Cllr Richard Nagle (FF) was aimed specifically at rural seaside towns during the summer months. According to Cllr Nagle, members of the Travelling community are consistently taking up residence in public areas in seaside towns – even though they have already been provided with accommodation elsewhere.

“We are now is a situation where we are not talking about just transient visitors, we are talking about people who have accommodation and choose to park in public areas,” said Cllr Nagle (FF).

“We were told that when we provided accommodation in these [local authority Traveller accommodation] sites that this chaos would come to an end. The people were given guarantees, promises were made and they have not been kept.

“It is difficult to wind down about this issue; we are being told that we are essentially helpless. There don’t seem to be any regulations that will help us deal with this properly. I don’t know how we can be so proactive with some people, who will face the full rigour of the law for their indiscretions, but it doesn’t seem to apply to everyone.

“There seems to be no law at all in connection to this. It is a pity when the Traveller accommodation scheme was being discussed that people were not told that this would be the situation. I find this situation totally frustrating. I think we need to write to other councils about this, we need to put pressure on our Oireachtas members to put in a private members motion. This is putting an intolerable strain on local communities and it cannot be continue. This is very very frustrating.”

According to the council’s director of services, Bernadette Kinsella, Clare County Council have previ- ously made attempts to strengthen the legislation, but without success.

“In 2010 we made a submission [on this subject] to the department asking for a review of the provisions and strengthen the legislation. We do take action as soon as we hear about these illegal encampments but it does take time. We can only do that in regard to the existing provisions,” she said.

“After the submission this was also raised with Oireachtas members but we haven’t as yet been given any indication that this legislation will be strengthened.”

ALMOST 6,000 patients from across the mid-west, which includes county Clare, have been waiting more than four years for an outpatient appointment. The most serious offender in the region, and country, is the Mid-Western Regional Orthopaedic Hospital in Croom. Here 10,347 outpatients are on waiting lists; 4,109 or 39.7 per cent have been waiting more than four years to be seen by a consultant. According to the Department of Health’s Patient Treatment Register the Mid Western Regional Hospital, in Dooradoyle, Limerick, where most Clare patients are now referred, has the second highest number on a waiting list, with 1,716 outpatients waiting over four years. Nationally, there are now 9,784 patients waiting more than four years for an outpatient consultation in a public hospital, most of whom have been waiting between three and four years for an appointment. The total number of people on outpatient lists, according to the PTR figures for the end of January, is 386,643. The HSE West vowed to reduce this figure significantly back in January, bringing the waiting list in line with the Health Minister James Reilly’s pledge that no patient would be waiting more than a year for an outpatient consultation by the end of 2013. The HSE West claims that they can achieve this by November. The health service has been validating waiting lists to ascertain which patients still need appointments. In October last year 10,970 orthopaedic out patients in the mid-west were waiting for an appointment with a consultant. By May that figure fell to 7,477. “It is our objective to have the entire list validated by the end of May and to have no patient waiting longer than 12 months by the end of November for an outpatient orthopaedic appointment,” it said.

AN AREA of Ennis should be pedestrainised to prevent traffic “choking” the town centre, a meeting has heard.

Cllr James Breen (Ind) raised the matter in a motion submitted to yesterday’s meeting of councillors in the Ennis West electoral area.

He called for the “street from the Friary car park to Abbey Street to be pedestrianised on a permanent basis.”

Cllr Breen claimed that most cars turning onto Abbey Street travel though the town centre before leaving Ennis without stopping.

He said the number of cars travelling through the centre of Ennis is causing major traffic congestion. He said, “We are choking our town with traffic needlessly.”

In reply, senior executive engineer Eamon O’Dea stated that the pedestrainisation of this section of Francis Street could not be considered on its own.

He stated, “This section of the road is closed by Gardaí for short periods of time at weekends in the interest of public safety. Ennis Town Council would have to evaluate the adjustments to the road network and traditional traffic flows in the town. This would require consideration of alternating the Francis Street car park layout to provide a turning area at the end of a cul de sac or provision of an exit into Friar’s Walk car park. This section of Francis Street is used during pedestrianisation of Abbey Street to turn traffic out onto Lower Abbey Street.”

Mr O’Dea told the meeting that some businesspeople in Ennis would say there are advantages to allowing traffic through the town centre. He explained that visitors to the town might come back after passing through.

Town manager and director of services Ger Dollard said pedestrianisation of Ennis is a “difficult issue”. He said the exit from Francis Street is important for traffic flow in Ennis. He added, “There is a long way to go before we can achieve a solution.”

Mr O’Dea said the council may consider signage around Tescos advising shoppers of alternate routes to exit Ennis.

Cllr Tony Mulqueen (FG) said the council could consider reversing traffic flow in Ennis. He told the meeting that the original Ennis Development Plan contained a proposal for cars to travel from O’Connell Street down Abbey Street.

MORE than two thirds of people in Clare with disabilities are out of work and are more likely to face challenges and barriers when it comes to finding, securing and retaining a job.

That is according to the Clare Irish Association of Supported Employment (IASE), who say people with disabilities are less than half as likely to be at work when compared to the rest of the working age population.

According to figures released by the Central Statistics Office (CSO), as many as 14,775 people in Clare have a disability.

Working age people within this group, which makes up 12 per cent of the county’s population, are more likely than the rest of the general population, to be out of work.

36 per cent of people with disabilities are active in the labour market compared to 77 per cent of other adults.

Pat O’Neill team leader at EmployAbility Clare, and Census 2011 supervisor for Clare explained the latest data from the CSO shows people with a disability face challenges in securing job placements.

“The emphasis in Clare is on inclusion and expanding the range of placement opportunities,” he said.

The IASE is hosting a major European conference next month to address some of the challenges, innovations and latest developments in the area of supporting people with disabilities and other marginalised groups into jobs.

Clare is to play a central role in this conference.

The artistic endeavours of a group of artists, who are clients of Employ- Ability Clare, will be showcased.

Mr O’Neill worked with clients of EmployAbility Clare to design the delegate gift for hundreds of people travelling to Ireland the conference.

The design and creative process was hosted by the Burren College of Art.

A video documentary has also been produced and will be shown for the first time in Croke Park to the international audience.

EmployAbilityClare will also present their experiences on supporting clients into self-employment opportunities.

THERE have been calls for public walkways to be developed along the River Fergus while work is underway on a major flood defence project in the town.

Work on the estimated € 7.1 million project from Bank Place Bridge to Doora Bridge has already commenced at locations around Ennis town centre.

It is anticipated that the works will take approximately 18 months to complete and will lead to the protection of 849 residential and 425 nonresidential properties on completion.

Defences including enhanced river walls, pumping stations and new drainage systems are included in the project, which is aimed at protecting Ennis against a 100-year flood event. Among the feature of the project is the installation of a pumping station in the park in front of Ennis Courthouse.

The issue of walkways was raised at yesterday’s meeting of councillors in the Ennis East electoral area.

In a motion, Cllr Johnny Flynn (FG) stated that, subject to agreement with residents and landowners, walking and cycling paths could be put in place along the bank of the River Fergus.

He said this could be done in conjunction with the current flood protection works from Bank Place to Doora Bridge.

He added, “If this path was constructed it could ultimately be continued down to Clarecastle, linking the village with Ennis.”

Cllr Flynn told the meeting that the planned car park development near Cusack Park could create an opportunity for a river walk in the area.

Senior executive engineer Eamon O’Dea stated that the provision of walkways on the river embankments would be separate project from the Lower Fergus Certified Drainage Scheme.

He continued, “The new embankments will have a wider embankment crown than the previous embankment. Environmental assessments, consultation with landowners / residents adjacent to the embankments, risk assessments formal public consultation process and funding stream will be required for this project.”

Mayor of Clare, Cllr Pat Daly (FF), and Cllr Paul Murphy (FG) both welcomed the proposal. Cllr Tommy Brennan (Ind) said the Gardaí may not permit a public walkway so close to the Garda station.

Cllr Flynn also requested that regular meetings be held by the Contractor Wills Brothers Ltd with public businesses and residents affected by works.

In reply, Eamon O’Dea stated that the OPW Lower Fergus Certified Drainage contract provides for a community liaison person for the OPW and the contractor.

He continues, “The community liason persons have been in contact with householders and businesses. They recently met with businesses in the Newbridge Road and Abbey Street car park and further meetings are being arranged with residents and businesses.”

Council officials have also met with the contractor.

THE case of a 16-year-old Clare girl who a Judge said was “deprived” of a right to education is to be referred to the Minister for Children.

Judge Patrick Durcan said last week that in not receiving her constitutional right to a minimum level of education, the girl was subjected to “abuse and severe neglect” by her parents and agents of the state.

In March her parents pleaded guilty to failing to comply with lawful requirement that their daughter attend school.

The case was brought by the National Education Welfare Board (NEWB). Judge Durcan was strongly critical of aspects of the Board’s handling of the case, describing it as a “shambles.” On Wednesday, Ennis District Court heard that girl had an absenteeism rate of 68.68% from school between 2010 and 2012.

Her mother contacted the Health Services Executive (HSE) last August due to concerns over drinking. She was advised to do so after receiving an eviction notice from a local authority.

The court heard that the girl had been coming to school smelling of alcohol and hungover.

The NEWB subsequently raised the matter with the HSE. Judge Durcan said that he could not understand why over a four period, the NEWB had not referred the case to the HSE. He said, “This child has been immeasurably and permanently dam- aged.” Reading from a report submitted by the acting CEO of the NEWB, Judge Durcan said the case was not deemed to have crossed the “threshold of serious harm and neglect” that would compel the Board to contact the HSE.

He said the Court was bound to the inescapable conclusion that the failures amounted to a “serious and flagrant abuse of a child and a child’s constitutional right.”

He said one of the reasons the child had been deprived of an education was the “abject failure of the NEWB to liaise with the HSE.”

The court heard there was substantial non-cooperation from the parents with the NEWB.

The court heard that the family are from a Traveller background and there may have been “cultural” reasons why the parents did not insist their daughter go to school. However Judge Durcan said cultural issues do not give parents a right not to send their children to school.

Dan O’Shea, NEWB Regional Manager, told the court that there were no other child protection concerns that would have lead to the involvement of the HSE.

Judge Durcan said this was probably the most serious case he has dealt with during his time on the bench.

He ordered that the case be referred to the Minister for Children and that a meeting take place between the HSE and NEWB at the earliest possible date.

He made no order against the girl’s parents.