The Clare People Archive

yesterday.

“Comprehensive civil partnership, as proposed in the heads of bill, is a major milestone towards equality. The Gay Clare group sup- port access to full equality through civil marriage and this bill is a fun- damental step forward towards this goal.

“The provisions outlined last week will resolve many immediate and pressing issues faced by lesbian and gay couples in Clare and will

also provide a platform for further progress.”

“The proposals in the heads of bill however do not provide for legal rec- ognition of the many same-sex cou- ples, particularly women, who are parenting children together, leaving these parents and their children out- side the protection of the State,” con- tinued the Gay Clare spokesperson.

“This is of critical importance to parents _WOCG MMO eCeDUROUODN(ONKoINME-UITe! Gay Clare urges the government to bring

forward proposals to address this legal gap.”

If passed the civil partnership bill will also have huge impli- cations for co-habiting and unmarried cou- joo

More than 20 mem-

bers of Fianna Fail par- liamentary party signed a motion questioning elements of the bill last week. Following an emergency meet- ing, a party spokesman said that there was “broad support” for the bill. The parliamentary party decided to refer the bill to its justice committee for further consideration.

CLARE’S Brothers of Charity, which is leading the way in helping people live with disabilities, is now explor- ing changes in the role of education.

The charity, which is the first in the country to assist people to live in the community and make their own deci- sions about where and how they live, is trying to break the mould when it comes to special education.

The organisation held a special con- ference in Ennis last week which was addressed by those who see a more inclusive way forward for education.

Cyndi Pitonyak, a special educa- tion co-ordinator for a school district in Virginia and a lecturer at Bradford University, does not believe that spe- cial education should be a segregated place.

The college lecturer is advocating an inclusive programme for children with disabilities that gets rid of spe- cial units and special schools.

“The relevant question is what do they do in those units? What do they do that they cannot do in regular

classes?” she asked.

For the last 19 years Ms Pitonyak has worked in a school system where both the class curriculum teacher and the remedial teacher work together teaching all students.

Children with special needs take part in the regular class programme by completing lessons that work in unison with the rest of the class.

Ms Pitonyak gave the example that while children are being called to read aloud, a child who may not have very good reading abilities and needs to work on people recognition could call out those that are to read in turn.

Each person is benefiting from the class and learning.

The education co-ordinator admits however that there will be times when a child with disabilities may not be able to find a niche in a par- ticular lesson. At this point the child could leave the class for special tu1- tion in areas of need.

“It is about inclusion. Autism or any disability is just one little piece of who someone 1s,” she said.

At the conference in the Temple Gate Hotel last week 55 people from 13 different organisations joined the Brothers of Charity.

Those attending came from all ar- eas of education including special needs assistants, class teachers and school inspectors.

They heard that while major chang- es cannot be achieved overnight, and trial and error is going to be part of the course, a little change everyday is ee Nm NNR BES.S

Ms Pitonyak believes that if teach- ers and resource teachers agree to work together for 45 minutes, two days a week it could start a new way of education, that would lead to teams teaching a class rather than an individual.

“Tt is about creating a school where everyone fits,” she said.

THE reintroduction of the Western Rail Corridor moved a step closer this week with trains using the tracks around Gort for the first time.

Jarnrod Eireann engineers are now using sections of the track to ferry equipment and personnel to different points on the line, with the track on the Ennis to Athenry section now set to be completed by October.

‘The trains on the track this week are rail trains as opposed to pas- senger trains,” said Jim Gallivan of Jarnrod Eireann.

“We now hope to have the track itself finished by the end of October and at that point we can begin work on signalling and other issues. We would hope to be able to test com- muter trains on the track by early 2009, possibly around the end of April.”

A MOVE by members of Clare County Council to force through a contentious planning permission for an Ennis businessman seeking to build one-off house in the Burren SERENE Coe

Councilors believed that they had secured planning permission for Gerry Danagher to build a home at Bally- cullinan, Corofin after they voted 27 in favour and 3 against contra- vening the Clare Coun- ty Development Plan at WeCoJDMM LUN ComselerelBE Ite

A planner’s report be- fore members recom- mended that planning be refused on a number of grounds.

It was the first time since 1983 that council- lors had invoked special powers in the planning area by tabling a sec- tion 140 motion directing the county manager, Alec Fleming to grant planning permission.

It was also the first time that the councillors had overturned the coun- cil’s own “locals-only” rule that was introduced in 1999 to grant an indi- vidual planning permission.

However, Mr Fleming has refused planning permission to Mr Danagher after securing legal advice.

Prior to voting on the planning ap- plication at the meeting, the members did not deal with the recommended

reasons for refusal. That is believed to form the legal basis for the vote not resulting in Mr Danagher secur- ing planning permission.

At the meeting, Mr Fleming said that by tabling a section 140 motion, the members took over the manag-

er’s duty in a planning case “and when you do that, you take over all the responsibility”.

Mr Danagher has now been refused on two erounds. The council has ruled that he does not comply with the policies of the Clare County Development Plan; because he was not born in the area he does not qualify as a local person.

As a result, the coun- cil ruled that the pro- posal would materially

contravene the objec- tives of the 2005-11 Clare County Development Plan.

Furthermore the council was con- cerned that the proposal would give rise to arisk of water pollution affect- ing the quality of the surface waters. As aresult the proposal was contrary to public health and the amenities of the area.

The councillor who proposed the material contravention at the meet- ing, Cllr Tommy Brennan (Ind), said yesterday that he was disappointed with the refusal.

LIGHTS Out! is a new type of film festival for young people dedicated to providing 6 to 16 year olds with the best films from Ireland and around the world with a diverse programme of animation, live action, documen- tary and short films. There will also be opportunities to get hands on ex- perience behind the camera with an exciting set of film workshops.

Lights Out! screenings 1n Clare will take place in the Glor Irish Music Centre in Ennis and will showcase plenty for young film enthusiasts to get excited about this summer.

The festival has been designed with the help of a Young Consultants Panel which enabled young people to have an active part in the planning of all aspects of the festival.

Clare was well represented on the panel by two young film buffs, Conor (12) from Ennis and Ruth-Ann (14), from Cree.

Lights Out! in Clare will kick-off with a programme of workshops that aim to foster the next generation of film talent. All events take place in

Glor Irish Music Centre. There is a weeklong crash-course “Make your own Movie with Fresh Film Festival’ (July 14 to 18 – Age 12 plus), one day Animation Workshops (July 14 to 18 – Age 8 to 12) and a special opportu- nity to learn about the classification process and let young people’s voices be heard at IFCO – Meet the Censor! (July 14 – Age 8 to 12).

At the end of the week ,there will be an opportunity to see and discuss the films made by young people dur- ing the week at the Young Filmmak- ers Panel (July 18th All Ages).

The film screenings aim to create new film experiences for all ages and in addition to the main shows, there will be two sets of Quick Flix (6 plus and 15 plus) short film screenings showing the best of young people’s shorts from the film festival circuit.

Lights Out! is an initiative of the Irish Film Institute and is supported by our lead partner, the Ombudsman for Children’s Office as well as RTE, The Ticket, The Irish Film Board and The Arts Council. In Clare, support is provided by Clare County Council Arts Office.

A HIGH Court judge has granted a judicial review in a row concern- ing allegations that Clare Travellers’ representative Heather Rosen has obstructed the investigations of the Equality Tribunal.

To date, Clare County Council has spent almost €150,000 on legal fees in response to almost 1,000 com- plaints against the council made by travellers to the Equality Tribunal.

All complaints have been lodged on behalf of the Travellers by Ms Rosen and to date all have been thrown out because the travellers concerned have failed to turn up for the hearings.

Last year, Judge Harvey Kenny said that travellers could appeal the ruling by the Equality Tribunal in the Circuit Court.

However, in a bid to prevent the costs implied by a large amount of appeals to the court, the council

sought a judicial review of the deci- sion by Judge Kenny.

In his written judgement, Mr Jus- tice John MacMenamin cited a letter written by equality officer Ms Duffy to Ms Rosen in relation to her con- duct at the tribunal.

“She stated that Ms Rosen’s con- duct was “bordering on the abusive’,” noted the judge noted.

“She referred to letters ‘allegedly’ signed by a number of other com- plainants after the hearing on Oc- tober 16, 2006, requesting that their cases be heard by a different equality Oat ero ame

Mr Justice MacMenamim noted that Ms Duffy warned Ms Rosen that she considered her actions as obstructing the tribunal in its investigation and decision making process and that if such behaviour continued she would be asked to leave the hearings.

She referred Ms Rosen to a section of the Equal Status Act 2000, which

renders it a punishable offence for a person to obstruct or impede the di- rector or equality officer.

Ms Duffy warned that she had previously been “lenient” with Ms Rosen and her clients regarding non- attendance and lateness. Ms Rosen did not swear an affidavit in the pro- ceedings, although she was present in court for the hearing.

Mr Justice MacMenamin said: “I am unable on the evidence to make any finding as to whether or not com- plaints were pursued despite the con- trary wishes of certain other com- plainants. Such evidence as there is on this question is entirely hearsay.”

Mr Justice MacMenamin said that he would grant the judicial review and order that the matter of jurisdic- tion be remitted back to the Circuit Court judge to be reconsidered in ac- cordance with law.

Ms Rosen was not contactable yes- terday.

A TOTAL of 37 Clare primary schools took part in Greenwave 2008 — a mass experiment in which stu- dents were asked to study their envi- ronment and catalogue the first signs of spring.

The project seeks to track the arriv- al of spring across the country, rep- resented by a green wave which can be seen from outer space. Its aim 1s to encourage children to learn more about how their world works and fos- ter an interest in the applications of

science and technology to their own Tait

Almost 2,000 primary — school classes nationwide participated in the programme and their findings can be viewed on www.greenwave.ie. Pic- tures submitted by students are also available in the gallery section.

The students found that the north and northwest had unusually fine weather this spring; dry with lots of sun. The very north of the country — Malin Head — had more sunshine over the months of March, April and May than anywhere else in Ire-

land. Normally the sunniest areas are in the south. Primroses appeared a month earlier than last year, with the majority of sightings occurring in March.

Some other species appeared later than usual though with the horse chestnut and hawthorn appearing three weeks and two weeks later than usual respectively

Clare primary schools that par- ticipated in the experiment included Clohanbeg National School; Scoil Naisiunta Na Maighdine Mhuire; St Enda’s National School; St John

the Baptist National School; Scoil Naisiunta Baile Na Cailli; Scoil Naisiunta bunscoil na mbBraithre; Scoil Naisiinta Naomh Tola; Rock- mount Mixed National School; St Aidan’s National School; Scoil Naisiunta Cuan; Ennis Educate To- gether National School; Coolmeen National School; Scoil Naisitinta An Sraith; Holy Family Junior National School; Convent Of Mercy Nation- al School; St Mochulla’s National School; Liscannor National School; Querrin National School; Miltown Malbay Boy’s National School;

Scoil Naisiinta Mhuire; St Senan’s National School; Tubber National School; CBS National School; Scoil Naisiunta Mhuire; Scoil Naisiinta Iosef Naofa; Cahermurphy National School; Baltard National School; Holy Family Senior National School; St Senan’s National School; Doonaha National School; Gael Scoil Mhichil Chios6g; Sixmilebridge National School; Bansha National School; En- nistymon National School; Bodyke National School; Doora National School and Clonmoney National School.

A VERDICT of accidental death has been returned in the case of a man who died following a road traffic ac- cident on N18 dual carriageway near Portdrine, last year.

The Coroner’s Court in Ennis heard last Wednesday how 69-year-old Michael O’Donoghue died after he was struck by a car across the road from Setright’s Tavern on November 27, 2007.

Mr O’Donoghue had just been dropped off by bus at the road and was on his way to visit his son. He was struck by a car travelling on the N18 towards Shannon.

Mr O’Donoghue was pronounced

dead at the scene by a doctor trav- elling in a passing ambulance. Mr O’Donoghue lived at 120 Hyde Road, Limerick.

Directing the jury, County Corner Isobel O’Dea said that in view of the medical evidence, the only appro- priate verdict was one of accidental death. The jury returned a verdict of accidental death.

Ms O’Dea_ described Mr O’Donoghue’s death as a “sad and tragic end to a Sunday evening out for a couple of pints”.

Mr O’Donoghue had been out with his friend Vincent Kinsella for a few drinks in Limerick before the acci- dent occurred.

In his deposition, Mr Kinsella told

the court that Michael was in “good form” on the night in question and that he departed the bus at Setraight’s at around 7.45pm.

Patrick O’Gorman, who had been in Setright’s Tavern, left the pub at 7.40pm and saw a car stopped in the fast lane of the Shannon side of the dual carriageway. He told the court that he “saw a young man on his mo- bile phone in a panicked state and a woman get out of the car. They start- ed shouting and screaming and said something about hitting a man.”

Mr O’Gorman alerted the emer- gency services and along with others in the pub, helped set up a safety pe- rimeter around the scene of the ac- cident.

Garda Batt Duggan who was called to the scene noted, “extensive dam- age to the front of the car, the wind- screen was smashed and the road was wet because it had rained earlier on in the evening”.

Mr Duggan interviewed the driver of the car and conducted a breatha- lyzer test, which she passed.

Dr Peter Faul told the court that the cause of death was shock due to sec- ondary injuries consistent with being involved in a road traffic accident.

Ms O’Dea expressed her sympa- thies to Mr O’Donoghue’s family and praised the efforts of those who helped at the scene. Inspector John Galvin also expressed his sympathies to the family of Mr O’Donoghue.

THE Ennis Tennis and Badmin- ton Club has raised child protection concerns in relation to plans for an apartment complex overlooking the club’s tennis courts.

Already, the voluntary housing group Cluid Housing Association has been refused planning permis- sion for an apartment complex on the grounds of Waterville House on the Mill Road in Ennis. The house is the former home of Fine Gael council- lor Johnny Flynn although he did not

sell the property to Cluid.

Cluid has now lodged revised plans seeking to construct new structures of three and four storeys to accom- modate three one-bedroom apart- ments and 11 two-bedroom apart- ments.

Cluid is also seeking to refurbish Waterville House to accommodate two one-bedroom apartments, and for change of use at ground floor lev- el for an office and a meeting room.

John Neylon and Associates, on behalf of the club, states in relation to its child protection concerns, that

balconies forming part of the devel- opment “may provide a vantage point for any adult who wishes to watch our children playing tennis and this raises very serious concerns in rela- tion to child protection”.

The objection goes on: “We have put in place the highest level of child protection practices that any sporting organisation can have in place.

“But the current design could pro- vide places from which objects could be thrown onto the courts, thrown at our members and at the children as they play. The balconies are near

enough to enable any occupant of the applicant’s development to verbally abuse members and to intimidate members, adults and children alike.

“In short, we object most strongly to the presence of overlooking win- dows and balconies of any descrip- tion on the basis of child safety and child protection. Our children are our most important asset, their safety is Our paramount concern.”

The club has also raised child pro- tection concerns over a new gate to the development providing access to the river walk.

The objection states: “With a large junior membership, the club has rig- orous child protection schemes and this purported access into and across our club grounds is of major concern for all members and visitors: be they male, female or junior vis-a-vis pri- vacy, security and child protection.”

The consultants also say that the proposal fails to demonstrate a need for housing. They refer to what they describe as the council’s requirement in relation to single applicants where they are required to demonstrate such a need.

CLARE County Council may be fac- ing the prospect of jobs cuts and cut- back in services due to the slowdown in the local economy.

That’s the view of Clare Green Party councillor Brian Meaney who was speaking yesterday after figures from the Department of the Environ- ment confirm a continuing downturn in the Clare construction sector.

“The slowdown in housing will have an exponential impact on coun- cil finances and with a significant de- crease in applications, there could be rationalisation of council services,” he said.

Cllr Meaney pointed out that there was a Significant deficit in the De- partment of the Environment budget at present and he speculated this would have a major impact on coun- cil finances.

‘The situation is going to get a lot worse before it gets better,” he said.

The Department of the Environ- ment housing figures confirm yester- day that new house registrations for the first five months has dropped by 83 per cent on the corresponding pe- riod in 2007.

In figures published by the Depart- ment of the Environment yesterday, they show that there was only 10 new house registrations for the month of

May and this compares to 129 new house registrations for the same month in Clare last year.

The new house registrations for the first five months of 2008 show that 89 new homes have been registered in Clare and this compares to 527 new house registrations for the cor- responding period last year, a drop of 83 per cent.

Separate figures in relation to house completions also confirm a downturn

in the local housing sector.

According to Department of the Environment figures, the number of new house completions for the month of May in 2007 has dropped from 188 to 99 for May of this year, a drop of 47 per cent.

The figures for the first five months of this year show that the number of house completions had dropped by 36 per cent going down from 748 to 474 house completions.