theirishtimes--2020-10-06--Lab and HSE apologise to terminally ill woman over negligent smear reading

The HSE and a testing laboratory have apologised in the High Court to a terminally ill woman over the negligent reading of a smear test .
The apology was read as Patricia Carrick and her husband Damien settled their High Court action in which it was claimed Mrs Carrick ’ s smear test was misdiagnosed or misreported .
The 51-year-old mother of four is in hospital and was too ill to attend court to hear the apology .
A letter containing the apology will be sent to the family .
Mr Carrick was in court as Patrick Hanratty SC , @ @ @ @ @ @ @ on behalf of the HSE and MedLab Pathology Ltd which acknowledged that a 2016 sample “ was read in a manner that was negligent and in breach of duty ” .
They apologised that it happened and for the “ consequences and distress ” .
The apology was addressed to Mr and Mrs Carrick and their children , Ciaran , Rioghna , Sorcha and Eoin .
Patrick Treacy SC , instructed by Cian O ’ Carroll solicitor , for the family , said the case had settled after going to mediation .
Mrs @ @ @ @ @ @ @ year and underwent treatment , but she suffered a relapse of the cancer in February and is now terminally ill and receiving palliative care .
An administrator , of Oranmore , Co Galway , she and her husband sued the HSE claiming failures in care had , on the balance of probability , caused delay in diagnosing her cancer which she said caused a loss of opportunity of cure .
Mrs Carrick , whose youngest child is 13 , further claimed it has impacted on her life expectancy and she has been unable @ @ @ @ @ @ @ She had a routine smear test in 2014 and it is claimed the cytology report issued showed no evidence of neoplasia .
Another smear test in 2016 also showed no evidence of neoplasia .
In 2018 , a further smear was reported as unsatisfactory for assessment , and Mrs Carrick was advised she needed to have a repeat smear test in three months .
In February 2019 , she had a smear test which was reported as showing no abnormalities .
She was diagnosed with cervical cancer five months later which had spread @ @ @ @ @ @ @ claimed she was deprived of the opportunity of timely and effective investigation and management of her condition and of the opportunity of treatment when her disease was allegedly amenable to curative treatment .
The claims were denied but on Tuesday the HSE and MedLab Pathology acknowledged the 2016 sample was read in a manner that was negligent .
Outside the court , Mr Carrick said said on July 29th last year his wife received a phone call to tell her she had cancer .
“ Since that time our very private and happy @ @ @ @ @ @ @ the horrendous situation that we found ourselves in.
” He said she is a great mother , a really good friend and “ the glue that keeps the Carrick house in order ” .
He said she was diligent with her health and attended for her smear tests regularly .
“ If she was here today , she would be encouraging all women to go for their smears regularly and to listen to their bodies , ” he said .
She would also be calling on the Government to implement the Scally report @ @ @ @ @ @ @ live to be the mothers of tomorrow ” .

Patricia Carrick was diagnosed with cervical cancer last year and underwent treatment, but she suffered a relapse of the cancer in February and is now terminally ill and receiving palliative care.
The HSE and a testing laboratory have apologised in the High Court to a terminally ill woman over the negligent reading of a smear test.
The apology was read as Patricia Carrick and her husband Damien settled their High Court action in which it was claimed Mrs Carrick’s smear test was misdiagnosed or misreported.
The 51-year-old mother of four is in hospital and was too ill to attend court to hear the apology. A letter containing the apology will be sent to the family.
Mr Carrick was in court as Patrick Hanratty SC, for the HSE, read the apology on behalf of the HSE and MedLab Pathology Ltd which acknowledged that a 2016 sample "was read in a manner that was negligent and in breach of duty". They apologised that it happened and for the "consequences and distress".
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The apology was addressed to Mr and Mrs Carrick and their children, Ciaran, Rioghna, Sorcha and Eoin. Patrick Treacy SC, instructed by Cian O'Carroll solicitor, for the family, said the case had settled after going to mediation.
Relapse
Mrs Carrick was diagnosed with cervical cancer last year and underwent treatment, but she suffered a relapse of the cancer in February and is now terminally ill and receiving palliative care.
An administrator, of Oranmore, Co Galway, she and her husband sued the HSE claiming failures in care had, on the balance of probability, caused delay in diagnosing her cancer which she said caused a loss of opportunity of cure. Mrs Carrick, whose youngest child is 13, further claimed it has impacted on her life expectancy and she has been unable to work since July last year.
She had a routine smear test in 2014 and it is claimed the cytology report issued showed no evidence of neoplasia. Another smear test in 2016 also showed no evidence of neoplasia. In 2018, a further smear was reported as unsatisfactory for assessment, and Mrs Carrick was advised she needed to have a repeat smear test in three months.
In February 2019, she had a smear test which was reported as showing no abnormalities. She was diagnosed with cervical cancer five months later which had spread to her pelvic lymph nodes. She claimed she was deprived of the opportunity of timely and effective investigation and management of her condition and of the opportunity of treatment when her disease was allegedly amenable to curative treatment.
The claims were denied but on Tuesday the HSE and MedLab Pathology acknowledged the 2016 sample was read in a manner that was negligent.
Diligent
Outside the court, Mr Carrick said said on July 29th last year his wife received a phone call to tell her she had cancer.
“Since that time our very private and happy lives in Galway have been marred by the horrendous situation that we found ourselves in.” He said she is a great mother, a really good friend and “the glue that keeps the Carrick house in order”.
He said she was diligent with her health and attended for her smear tests regularly. “If she was here today, she would be encouraging all women to go for their smears regularly and to listen to their bodies,” he said. She would also be calling on the Government to implement the Scally report “to ensure the women of today live to be the mothers of tomorrow”.


theirishtimes--2020-10-06--Man jailed for sexually exploiting child (12) online by pretending to be teenager

A man who sexually exploited a 12-year-old child online by masquerading as a 17-year-old girl has been jailed for one year .
Kevin Conway was also caught with over 400 child pornography images and 12 videos by gardaí when they searched his flat .
The images were in the most serious category of child pornography , Dublin Circuit Criminal Court heard on Tuesday .
Conway ’ s offending came to light when one of his flatmates noticed an image on his phone that appeared to depict a toddler engaged in a sexual act .
When his home was searched by @ @ @ @ @ @ @ There ’ s sick stuff on my phone ” .
He has no previous convictions .
Conway ( 34 ) of Oaktree Grove , Laurel Lodge , Carpenterstown , Dublin , pleaded guilty to possessing child pornography at his home address on July 30th , 2016 .
He also pleaded guilty to one count of sexually exploiting a child , one count of producing child pornography and one count of distributing it in June and July 2013 .
The court heard that Conway set up a Skype account under the profile name ‘ @ @ @ @ @ @ @ girl in June 2013 and encouraging her to undress and perform sexual acts while recording her without her knowledge .
He did this four or five times , the court heard .
Conway then shared a video of the girl with another person with the profile name ‘ Dylan Dublin ’ .
When the victim , then aged 18 , was contacted by gardaí some years later , she told them she thought Conway was a 17-year-old girl .
She said he suggested meeting in person , but they never did .
She @ @ @ @ @ @ @ face was always hidden on camera and contact between them eventually ceased .
She said she never told anyone about it .
When gardaí searched Conway ’ s home following the tip-off from his flatmate , they found him attempting to delete files from his laptop .
However , he then cooperated with them and admitted to possessing the child pornography images and videos , including the ones he had made of the girl .
Investigating gardaí discovered 403 child pornography images and 12 videos , most of which were placed at the @ @ @ @ @ @ @ depicted children being subjected to sexual acts by adults .
Colman Fitzgerald SC , defending , said his client was “ someone who suffers from paedophilia ” .
He said Conway had been looking at pornography from as far back as 2008 .
In a psychological report before the court , Conway expressed “ shock , shame and disgust ” at some of the images he had possession of .
He said there were “ no words ” to express his remorse for what he did to the 12-year-old victim and he was @ @ @ @ @ @ @ had done .
Mr Fitzgerald said his client now feels “ disgust and shame ” for his actions .
The court heard Conway lost his employment last July after he told his employer about the court case .
He has not found work since .
Sentencing Conway , Judge Pauline Codd noted Conway ’ s possession of child pornography was not a victimless crime , as the children involved were subjected to “ depraved acts ” .
In sexually exploiting the young girl , she noted Conway deliberately used a profile name to @ @ @ @ @ @ @ video for his own sexual gratification using a female name to pose as a female , ” the judge said .
She accepted Conway was remorseful for his actions .
The judge handed down a three year sentence , but suspended the final two on a number of conditions .

The judge handed down a three year sentence, but suspended the final two on a number of conditions.
A man who sexually exploited a 12-year-old child online by masquerading as a 17-year-old girl has been jailed for one year.
Kevin Conway was also caught with over 400 child pornography images and 12 videos by gardaí when they searched his flat. The images were in the most serious category of child pornography, Dublin Circuit Criminal Court heard on Tuesday.
Conway’s offending came to light when one of his flatmates noticed an image on his phone that appeared to depict a toddler engaged in a sexual act. When his home was searched by gardaí, Conway told them: “There’s sick stuff on my phone”. He has no previous convictions.
Conway (34) of Oaktree Grove, Laurel Lodge, Carpenterstown, Dublin, pleaded guilty to possessing child pornography at his home address on July 30th, 2016.
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He also pleaded guilty to one count of sexually exploiting a child, one count of producing child pornography and one count of distributing it in June and July 2013.
The court heard that Conway set up a Skype account under the profile name ‘Irish Pooh Bear’ before befriending the girl in June 2013 and encouraging her to undress and perform sexual acts while recording her without her knowledge. He did this four or five times, the court heard.
Conway then shared a video of the girl with another person with the profile name ‘Dylan Dublin’.
When the victim, then aged 18, was contacted by gardaí some years later, she told them she thought Conway was a 17-year-old girl.
She said he suggested meeting in person, but they never did. She became suspicious that the person’s face was always hidden on camera and contact between them eventually ceased. She said she never told anyone about it.
She declined to make a victim impact statement.
When gardaí searched Conway’s home following the tip-off from his flatmate, they found him attempting to delete files from his laptop. However, he then cooperated with them and admitted to possessing the child pornography images and videos, including the ones he had made of the girl.
Investigating gardaí discovered 403 child pornography images and 12 videos, most of which were placed at the “most severe” category, which depicted children being subjected to sexual acts by adults.
Colman Fitzgerald SC, defending, said his client was “someone who suffers from paedophilia”. He said Conway had been looking at pornography from as far back as 2008.
In a psychological report before the court, Conway expressed “shock, shame and disgust” at some of the images he had possession of. He said there were “no words” to express his remorse for what he did to the 12-year-old victim and he was “dreadfully sorry” for what he had done.
Mr Fitzgerald said his client now feels “disgust and shame” for his actions.
The court heard Conway lost his employment last July after he told his employer about the court case. He has not found work since.
Sentencing Conway, Judge Pauline Codd noted Conway’s possession of child pornography was not a victimless crime, as the children involved were subjected to “depraved acts”. In sexually exploiting the young girl, she noted Conway deliberately used a profile name to attract children.
“He made a video for his own sexual gratification using a female name to pose as a female,” the judge said.
She accepted Conway was remorseful for his actions.
The judge handed down a three year sentence, but suspended the final two on a number of conditions.


theirishtimes--2020-10-06--Over 130 checkpoints planned but ‘no new powers needed’, says Garda chief

Travelling for work or any other purpose in the State will “ feel very different from tomorrow ” - with added congestion inevitable - due to the ramped by Garda operation for Level 3 of the Covid-19 pandemic , Garda Commissioner Drew Harris has said .
A total of 132 fixed , or permanent , checkpoints would be placed daily on motorways and other arterial routes nationwide , with traffic funnelled into one lane on those roads , he said .
“ They are to make sure people stay in their county and only travel whenever it is absolutely necessary… @ @ @ @ @ @ @ , ” Mr Harris told the media , explaining what is being put in place as part of the new pandemic policing operation - an expanded Operation Fanacht - from midnight on Tuesday .
“ That ’ s just a salutary warning about what travel conditions are going to be like .
You only have to look what happens on any motorway when it goes from two or three lanes into one .
It ’ s inevitable there will be delays .
“ So we are saying to people , and just to @ @ @ @ @ @ @ different compared to today .
We will have a very visible presence mobilised and we ’ ll carry that on in the weeks.
” Though Dublin and Donegal were already on Level 3 , the policing operation in Dublin from midnight on Tuesday would still “ feel very different ” as there would be such a large number of checkpoints .
In Dublin and Donegal , 2,000 checkpoints had been carried out last week and the number of people coming over the Border into Donegal by road had dropped by 50 per cent @ @ @ @ @ @ @ presence , Mr Harris said .
Mr Harris said he did not believe the force needed new powers for policing Level 3 across the State .
Since enforcement powers were granted under Covid-related laws , stipulating movement be restricted to a certain radius , they had been used “ 342 times… out of hundreds of thousands of interactions with people ” .
“ The requirement for them [ enforcement powers ] is minimal but we are watching this very carefully , ” he said .
“ But people understand that at Level 3 @ @ @ @ @ @ @ county and only go to your work place if absolutely necessary ’ and we ’ ll be on the roads to educate the public on that message.
” If gardaí discovered people flouting the public health guidelines , including not leaving their own county save for exceptional circumstances , gardaí would brief the Government and request new powers , he added .
However , this has not been the experience over the past six months and gardaí also had a range of long-standing policing powers to use against people – including public order @ @ @ @ @ @ @ Varadkar suggested on RTÉ ’ s Claire Byrne Live on Monday night that new enforcement powers were in the offing for the Level 3 policing operation , though Minister for Justice Helen McEntee clarified on Tuesday no new powers were planned at present .
That means while people are being asked not to leave their own county , other than for necessary work or other urgent matters , anyone not adhering to that advice was not breaking any law and could not be prosecuted .
Garda officers have long said that people flouting @ @ @ @ @ @ @ were very often making other “ poor choices ” enabling gardaí to tackle them with long-standing laws , something Mr Harris repeated on Tuesday .
On the problem of house parties , Mr Harris said they were not new to the pandemic and while gardaí could not enter a private residence without a warrant – the arrival of gardaí was often effective in dispersing crowds .
An additional €15 million will be required for the Garda to ensure the policing pandemic operation could be run for the remainder of the year .
While @ @ @ @ @ @ @ mobilised ” nationwide to police Level 3 measures , efforts would be redoubled to reach out to vulnerable people , including the elderly and isolated and those at risk of domestic violence and abuse , the Commissioner added .
“ Beyond all of that we will also be keeping up or focus on organised crime ; intelligence gathering and investigations will carry on .
”

Garda Commissioner Drew Harris (right) with Deputy Commissioner for Policing and Security John Twomey (left) at a press briefing on Tuesday. Photograph Nick Bradshaw/The Irish Times
Travelling for work or any other purpose in the State will "feel very different from tomorrow" - with added congestion inevitable - due to the ramped by Garda operation for Level 3 of the Covid-19 pandemic, Garda Commissioner Drew Harris has said.
A total of 132 fixed, or permanent, checkpoints would be placed daily on motorways and other arterial routes nationwide, with traffic funnelled into one lane on those roads, he said.
“They are to make sure people stay in their county and only travel whenever it is absolutely necessary… or their journeys would be very difficult,” Mr Harris told the media, explaining what is being put in place as part of the new pandemic policing operation - an expanded Operation Fanacht - from midnight on Tuesday.
“That’s just a salutary warning about what travel conditions are going to be like. You only have to look what happens on any motorway when it goes from two or three lanes into one. It’s inevitable there will be delays.
READ MORE
“So we are saying to people, and just to warn them, travel will feel very different compared to today. We will have a very visible presence mobilised and we’ll carry that on in the weeks.”
Though Dublin and Donegal were already on Level 3, the policing operation in Dublin from midnight on Tuesday would still “feel very different” as there would be such a large number of checkpoints.
In Dublin and Donegal, 2,000 checkpoints had been carried out last week and the number of people coming over the Border into Donegal by road had dropped by 50 per cent as a result of the increased Garda presence, Mr Harris said.
Mr Harris said he did not believe the force needed new powers for policing Level 3 across the State. Since enforcement powers were granted under Covid-related laws, stipulating movement be restricted to a certain radius, they had been used “342 times… out of hundreds of thousands of interactions with people”.
“The requirement for them [enforcement powers] is minimal but we are watching this very carefully,” he said.
“But people understand that at Level 3 it’s ‘Stay without your county and only go to your work place if absolutely necessary’ and we’ll be on the roads to educate the public on that message.”
If gardaí discovered people flouting the public health guidelines, including not leaving their own county save for exceptional circumstances, gardaí would brief the Government and request new powers, he added.
However, this has not been the experience over the past six months and gardaí also had a range of long-standing policing powers to use against people – including public order and road traffic legislation.
Tánaiste Leo Varadkar suggested on RTÉ’s Claire Byrne Live on Monday night that new enforcement powers were in the offing for the Level 3 policing operation, though Minister for Justice Helen McEntee clarified on Tuesday no new powers were planned at present.
That means while people are being asked not to leave their own county, other than for necessary work or other urgent matters, anyone not adhering to that advice was not breaking any law and could not be prosecuted.
Garda officers have long said that people flouting public health advice around making unnecessary journeys were very often making other “poor choices” enabling gardaí to tackle them with long-standing laws, something Mr Harris repeated on Tuesday.
On the problem of house parties, Mr Harris said they were not new to the pandemic and while gardaí could not enter a private residence without a warrant – the arrival of gardaí was often effective in dispersing crowds.
An additional €15 million will be required for the Garda to ensure the policing pandemic operation could be run for the remainder of the year.
While members of the force were being “mobilised” nationwide to police Level 3 measures, efforts would be redoubled to reach out to vulnerable people, including the elderly and isolated and those at risk of domestic violence and abuse, the Commissioner added.
“Beyond all of that we will also be keeping up or focus on organised crime; intelligence gathering and investigations will carry on.”


theirishtimes--2020-10-06--Man denies murder of woman in Dublin apartment two years ago

An electrician has pleaded not guilty to murdering a woman at a Dublin apartment two years ago .
Sean Nolan @ @ @ @ @ Crescent , Navan Road in Dublin will go on trial at the Central Criminal Court @ @ @ @ @ Michael McGrath and a jury of six men and six women .
Mr Nolan is @ @ @ @ @ Amanda Carroll at Homestead Court , Quarry Road , Cabra , Dublin 7 on October @ @ @ @ @ replied , “ not guilty ” when the charge was put to him .
Mr @ @ @ @ @ to hear the trial which is expected to begin on Thursday and will last up @ @ @ @ @ judge told the jury not to do any research outside of court and to “ @ @ @ @ @ the basis of the evidence that emerges during the course of the case in this @ @ @

Amanda Carroll with Sean Nolan, who denies her murder. Photograph via Facebook
An electrician has pleaded not guilty to murdering a woman at a Dublin apartment two years ago.
Sean Nolan (36) of Ashington Crescent, Navan Road in Dublin will go on trial at the Central Criminal Court in front of Mr Justice Michael McGrath and a jury of six men and six women.
Mr Nolan is charged with the murder of Amanda Carroll at Homestead Court, Quarry Road, Cabra, Dublin 7 on October 21st, 2018.
He replied, “not guilty” when the charge was put to him.
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Mr Justice McGrath swore a jury to hear the trial which is expected to begin on Thursday and will last up to three weeks.
The judge told the jury not to do any research outside of court and to “only determine the case on the basis of the evidence that emerges during the course of the case in this courtroom.”


theirishtimes--2020-10-06--Driver of car that collided with double decker bus previously sanctioned with driving ban

The male driver of a car that collided with a double decker bus in Dublin causing a significant road traffic crash last Friday was suspected of being the driver of a car that sped away from gardaí a number of years ago .
The man , in his 20s and with previous addresses in west Dublin and the south inner city , was previously sanctioned with a driving ban that was not due to expire until next year .
He was wanted on an outstanding warrant when last Friday night ’ s crash occurred and after being treated in hospital @ @ @ @ @ @ @ the courts relating to that warrant and was free to go after that brief court hearing .
Gardaí said the investigation into the crash last Friday night in Dublin 4 was continuing .
The Irish Times understands the bus driver fractured his pelvis and broke both of his legs .
One of the passengers on the Number 7 bus at the time suffered a bleed to the brain .
Other passengers sustained serious wounds to their head , face or legs .
As well as the driver and four passengers on the bus @ @ @ @ @ @ @ the car involved and his female passenger also required hospital treatment .
An eighth person sustained minor injuries though it appears he was a bystander on the street and may have been hit by projectiles that resulted from the crash .
The collision happened at about 10.40pm on Friday at the junction of Northumberland Road and Haddington Road , in Ballsbridge , Dublin 4 , as the double decker bus was travelling towards the city centre , with eight passengers and the driver on board at the time .
The suspect ’ s @ @ @ @ @ @ @ crossroads , with the bus shunted towards a building on the junction and hitting the railings around it and a large tree on the roadside , destroying the front of the bus and a section of the roof .
The car turned over on the junction as a result of the impact and while the driver managed to get out of the vehicle unaided his female passenger was taken from the vehicle on a spinal board .
Gardaí on patrol in south Dublin were looking for the driver at the time he collided @ @ @ @ @ @ @ had been acting suspiciously in his car .
When gardaí saw the man parked in the car in the Poolbeg area of the south inner city earlier on Friday night they approached the vehicle on foot and asked to see his driver ’ s licence .
The driver began recording the garda on his phone from inside the car before driving away .
In the period after fleeing , the vehicle was spotted a number of times around the south inner city and Donnybrook but sped away from gardaí a number of times @ @ @ @ @ @ @ by gardaí at the time of the crash , it is understood gardaí were not directly pursuing the suspect in his car at the time of the collision .
However , because gardaí were looking for the driver and trying to bring his car to a stop around the time of the crash the incident has been referred by Garda Headquarters , Phoenix Park , Dublin , to the Garda Síochána Ombudsman Commission ( Gsoc ) .
The Garda ombudsman is legally obliged to investigate any incidents that result in injury to any @ @ @ @ @ @ @ have had dealings with Garda members , including being sought or pursued by gardaí .

A file picture of the Dublin Bus vehicle being towed away from the scene after the crash. Photograph: Bryan O’Brien
The male driver of a car that collided with a double decker bus in Dublin causing a significant road traffic crash last Friday was suspected of being the driver of a car that sped away from gardaí a number of years ago.
The man, in his 20s and with previous addresses in west Dublin and the south inner city, was previously sanctioned with a driving ban that was not due to expire until next year.
He was wanted on an outstanding warrant when last Friday night’s crash occurred and after being treated in hospital for crash injuries he was brought before the courts relating to that warrant and was free to go after that brief court hearing.
Gardaí said the investigation into the crash last Friday night in Dublin 4 was continuing.
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The Irish Times understands the bus driver fractured his pelvis and broke both of his legs. One of the passengers on the Number 7 bus at the time suffered a bleed to the brain.
Other passengers sustained serious wounds to their head, face or legs. As well as the driver and four passengers on the bus who were injured, the driver of the car involved and his female passenger also required hospital treatment.
An eighth person sustained minor injuries though it appears he was a bystander on the street and may have been hit by projectiles that resulted from the crash.
The collision happened at about 10.40pm on Friday at the junction of Northumberland Road and Haddington Road, in Ballsbridge, Dublin 4, as the double decker bus was travelling towards the city centre, with eight passengers and the driver on board at the time.
The suspect’s car and the bus crashed on the crossroads, with the bus shunted towards a building on the junction and hitting the railings around it and a large tree on the roadside, destroying the front of the bus and a section of the roof.
The car turned over on the junction as a result of the impact and while the driver managed to get out of the vehicle unaided his female passenger was taken from the vehicle on a spinal board.
Gardaí on patrol in south Dublin were looking for the driver at the time he collided with the bus amid reports the driver had been acting suspiciously in his car.
When gardaí saw the man parked in the car in the Poolbeg area of the south inner city earlier on Friday night they approached the vehicle on foot and asked to see his driver’s licence.
The driver began recording the garda on his phone from inside the car before driving away. In the period after fleeing, the vehicle was spotted a number of times around the south inner city and Donnybrook but sped away from gardaí a number of times.
While the driver was being sought by gardaí at the time of the crash, it is understood gardaí were not directly pursuing the suspect in his car at the time of the collision.
However, because gardaí were looking for the driver and trying to bring his car to a stop around the time of the crash the incident has been referred by Garda Headquarters, Phoenix Park, Dublin, to the Garda Síochána Ombudsman Commission (Gsoc).
The Garda ombudsman is legally obliged to investigate any incidents that result in injury to any person at or around the time they have had dealings with Garda members, including being sought or pursued by gardaí.


theirishtimes--2020-10-07--School secretaries set to strike in November over pay

School secretaries are set to stage three days of strike in the coming weeks over pay .
The school secretaries @ @ @ @ @ indefinite stoppage from mid-November .
It is understood that the trade union Forsa , which @ @ @ @ @ serve strike notice next week .
The union is looking at three one-day stoppages , @ @ @ @ @ Friday October 23rd , Monday , November 2nd and Friday , November 13th .
An @ @ @ @ @ November 16th .
School secretaries are seeking an end to the existing two-tier system under @ @ @ @ @ by and paid by the Department of Education and have public service employment status , @ @ @ @ @ pay and conditions determined by school management boards from the grant paid to their schools @ @ @ @

School secretaries gathered for a rally at the Dáil in January this year. Photograph Nick Bradshaw for The Irish Times
School secretaries are set to stage three days of strikes in the coming weeks over pay.
They are also planning to follow this up with an indefinite stoppage from mid-November.
The trade union Fórsa, which represents more than 1,000 secretaries in primary and secondary schools across the country, said on Wednesday that notice of industrial action would be served next week to over 1,000 individual schools and the Department of Education.
The department estimated that it could cost €50 million to meet the claims made by school secretaries.
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The education system is already facing potential industrial action involving second level teachers.
Minister for Education Norma Foley said it was disappointing and regrettable that in circumstances where talks were actually ongoing that Fórsa had moved to industrial action.
“This will impact on the day-to-day operations of schools at this most critical time and could further disrupt tuition for students who have recently returned to school”.
Speaking in the Dáil, Ms Foley also told Social Democrats TD Gary Gannon that schools will be funded to employ a replacement secretary or caretaker if staff at very high risk of contracting serious illness from Covid-91 cannot work on school premises.
Mr Gannon appealed to the Minister to use the Workplace Relations Commission mechanisms to refer the case to the Labour Court. He said the response of department officials at the WRC was "quite insulting" and a "turning of the ship" from what had been agreed by the Minister's predecessor and he said the Minister should address the issue before the schools have to close.
But Ms Foley said there were a “number of technical issues” around such a referral as “neither the department, nor the management bodies are the employers of the staff in question”.
Members of the ASTI are currently voting on whether to take industrial action up to and including strike action over lower pay in place for more recent entrants to the profession and in relation to resources and practice in schools after they re-opened following the closure due to the Covid-19 pandemic. This ballot concludes on October 22nd.
Fórsa said school secretaries would hold three one-day work stoppages on Friday October 23rd, Monday, November 2nd and Friday, November 13th. It said an indefinite strike would then commence on Monday, November 16th.
School secretaries are seeking an end to the existing two-tier system under which some are directly employed by and paid by the Department of Education and have public service employment status, while the majority have their pay and conditions determined by school management boards.
The union said under the two-tier system, most school secretaries were “leftearning just €12,500 a year, with irregular, short-term contracts that force them to sign on during the summer holidays and other school breaks”.
The union's head of education, Andy Pike, said the decision to strike was taken because school secretaries had exhausted all the options available to bring the dispute to a satisfactory conclusion.
“Recent engagements with the department and the Minister (for Education) have shown that they are not serious about bringing the long-standing unfairness for school secretaries to an end.”
A spokesman for the Department of Education said the Minister, Norma Foley was “keenly aware of the vital role played by school secretaries”.
“Significant improvements to the pay of secretaries and caretakers have been made since 2015 under a pay arbitration agreement implemented by the Department. This provided for a cumulative pay increase of 10 per cent between 2016 and 2019 for staff and that a minimum hourly pay rate of €13 be phased in over that period.
“A survey conducted by the department last year found that the average hourly rate paid to a school secretary is €15.49, which is in line with the hourly rate for a Grade III clerical officer. “
The Department of Education said the matters at the heart of the dispute were complex and raised significant policy, legal and Exchequer cost issues.
“The cost of all of the elements of Fórsa’s claim, that is, to pay secretaries and caretakers on the maximum of the scale at full-time hours, is in the region of €50 million per annum, with a further substantial cost of approximately €36m for the provision of pensions.”


theirishtimes--2020-10-07--Fines for people who travel between counties being considered by Government

The Government is considering introducing graduated fines for those who travel between counties for non-essential reasons following a meeting of senior officials this morning .
Officials have warned of a “ huge increase ” in those applying for the Pandemic Unemployment Payment ( PUP ) with warnings that the figures could increase by 60,000 by Friday with the entire country now on Level 3 of the Government ’ s plan to deal with the pandemic .
A Covid-19 oversight group , which consists of the most senior civil servants in each Government department , met on Wednesday morning to consider @ @ @ @ @ @ @ education and wider society .
A senior source confirmed that the group examined graduated fines for those travelling between counties for non-essential reasons .
Sources said that the level of fines had not yet been set but that it would be enough to be a “ deterrent ” for those contemplating flouting the domestic travel restrictions .
The group also discussed new plans for an emphasis on compliance across shopping centres , sports and gyms .
Third level education will also be further examined in terms of compliance .
It was agreed at @ @ @ @ @ @ @ concentrated messaging on social distancing and non-congregated settings .
Officials also discussed a “ huge increase ” in those applying for the PUP .
Estimates of increases up to 60,000 by Friday alone were suggested by senior sources .
An economic overview was given warning of the “ deep impact ” new restrictions were having on the hospitality sector .
The group also discussed concerns around nursing homes and increasing rates of infection .
The oversight committee is chaired by the State ’ s most senior civil servant Secretary General to the Government @ @ @ @ @ @ @ “ provide advice to Government on the strategic economic and social policy responses to the management of the disease and to consider the Nphet advices ” .

Dr Tony Holohan, the chief medical officer, said that “all key indicators of the disease have deteriorated further” in the three days since the last meeting of the National Public Health Emergency Team. Video: HSE
A total of 611 new cases of Covid-19 have been diagnosed in the State and five further deaths associated with the disease have been reported to the Department of Health.
There have now been a total of 39,584 cases of Covid-19 diagnosed in the Republic, and 1,816 associated deaths.
Of the new cases, 59 per cent are in people under 45 years of age and 50 per cent are confirmed to be associated with outbreaks or are close contacts of a confirmed case. A total of 83 cases have been identified as community transmission
Taoiseach Micheál Martin has confirmed that the Covid-19 oversight committee of senior officials is looking at the possibility of fines as part of stronger enforcement of Level 3 restrictions for motorists who breach county boundaries. File photograph: Dara Mac Dónaill
Some 218 are in Dublin, 63 in Cork, 60 in Donegal, 35 in Galway, 31 in Kildare and the remaining 204 are located across 21 counties.
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Dr Tony Holohan, the chief medical officer, said that “all key indicators of the disease have deteriorated further” in the three days since the last meeting of the National Public Health Emergency Team (Nphet) on Sunday.
“We are deeply concerned by the change in the path of this infection,” said Dr Holohan.
He was critical of the leak on Sunday of Nphet’s recommendation that the entire State should go from Level 2 to the most severe lockdown Level 5 of restrictions to combat the spread of Covid-19.
“We conveyed our findings, analysis and recommendations to the Minister for Health and onto Government.
“They required early and serious confidential discussion. That didn’t happen because the information leaked into the media on Sunday evening.”
He defended the decision to restrict pub opening hours because of the risks from people mingling after a few drinks. “This virus loves alcohol.”
He said whoever had leaked the information did not share the objective of dealing with the disease as Nphet and the Government did.
Dr Holohan was giving his first media briefing since returning from an extended period of leave taken for personal reasons, and since Nphet recommended on Sunday that the State should move to Level 5 restrictions.
That recommendation was not followed by the Government, which instead instituted Level 3 restrictions across the State.
He thanked Dr Ronan Glynn, his family, and colleagues who he said had worked hard during his absence.
Professor Philip Nolan, the chair of the Irish epidemiological modelling group, said there was “no county where the incidence is not of concern”.
He said Nphet is “seeing very high incidence” among younger people, but also cautioned that there is significant growth among older people. At the beginning of September, the incidence in older people was 10 to 15 cases per 100,000 people above the age of 65, but now it is about 30 cases.
With nursing home infections also increasing, he warned that older people are significantly vulnerable if the disease spreads widely. “We simply cannot protect people in that age bracket, nor can they protect themselves, if the level of disease in the wider community continues to rise.”
He said the reproduction number, which needs to be below 1 to suppress the disease, is likely around 1.2. However, he said this is flattered by Dublin’s performance. “Frankly, the situation is somewhat worse than that”
He said the number in the capital is likely around 1, and in the rest of the country is around 1.5. “The disease is spreading very rapidly, particularly outside Dublin.”
Even in the capital, he sounded a note of caution over the idea that the virus was stabilising, saying: “We’ve been fooled by temporary reductions in case numbers in Dublin in the past.”
He said that if the R number remains at a level of 1.2 to 1.4, Nphet expects to see 1,100 to 1,500 cases per day by the end of the first week in November, and 350 to 450 people in hospital by that date.
Asked about his views of Tánaiste Leo Varadkar’s criticism of Nphet over its recommendation that Level 5 restrictions be imposed, Dr Holohan said he had spoken with Mr Varadkar on Tuesday night, and that he had a “long standing good relationship” with him. “He understands and shares my analysis, every bit, and has as much concern about it as I do.”
He said he is “absolutely satisfied” that the air has been cleared between them. “Government has to make decisions on a range of other factors that are outside our area of expertise, but we still have a sober job to do to make the continuing assessment of the disease,” he said.
“He and I had a very good discussion last night that went on for a considerable period of time. We discussed issues of recent days, but we discussed and spent much more time discussing the disease and what we need to do collectively to enhance our collective ability as a country to respond to it,” he said.
Asked if he ever had considered his position in recent days, he said: “I’m around a long time, and I have a thick skin and I’ve been involved in plenty of issues over the years. We wouldn’t be doing our jobs collectively if there wasn’t cut and thrust and debate and all that. None of it is every personal, and none of it every saps my will to continue with the important job that I have.”
Dr Holohan and other members of Nphet emphasised the seriousness of the situation facing the country.
“What I have to get across is the seriousness of the situation that we’re in. I’m really genuinely worried and concerned about the stage of the disease. We’re now beginning to see exponential growth, not only in the case numbers but in many of the indicators that result from the impact of the disease,” he said, adding that the projections were not inevitable if behaviours were changed, but they would become so if they did not.
“It is clear that as a country, we haven’t been doing as well in keeping up those standards of behaviour which is part of the reason we find ourselves in the challenge that we have,” he said.
“The real concern over the summer has been the quantum of socialisation, and all of the different ways that happens and how much that has driven the opportunities for the virus to spread, and the virus has taken those opportunities.”
Taoiseach Micheál Martin has confirmed that the Covid-19 oversight committee of senior officials is looking at the possibility of fines as part of stronger enforcement of Level 3 restrictions for motorists who breach county boundaries. File photograph: Dara Mac Dónaill
Meanwhile, Taoiseach Micheál Martin has confirmed that the Covid-19 oversight committee of senior officials is looking at the possibility of fines as part of stronger enforcement of Level 3 restrictions for motorists who breach county boundaries.
Speaking in the Dáil, Mr Martin said the Government is “ particularly concerned about Northern Ireland” and the consequences of traffic coming from the North.
He said it was a “significantly challenging situation for the North in terms of the very high numbers” of coronavirus cases.
“Clearly [THERE IS]the overspill into the Republic” and there could be consequences from that “so we have to deal with that”, he told the Dáil.
The oversight committee was “looking at the whole area of fines for example, in terms of traffic and so on”.
He also said there had been 17,000 new claims for the Pandemic Unemployment Payment (PUP) already since the midnight introduction of Level 3 restrictions.
This compared to a “normal level” of 1,000 to 2,000 claims a day. Mr Martin added that between 40,000 and 50,000 new claims “could emerge this week as a result of moving to level 3. That is how serious Level 3 is.”
Earlier, it emerged that the Government is considering introducing graduated fines for those who travel between counties for non-essential reasons following a meeting of senior officials this morning.
Officials have warned of a “huge increase” in those applying for the PUP, with warnings that the figures could increase by 60,000 by Friday with the entire country now on Level 3 of the Government’s plan to deal with the pandemic.
The Covid-19 oversight group, which consists of the most senior civil servants in each Government department, met on Wednesday morning to consider enhanced enforcement of restrictions across business, education and wider society.
A senior source confirmed that it examined graduated fines for those travelling between counties for non-essential reasons.
Sources said that the level of fines had not yet been set but that it would be enough to be a “deterrent” for those contemplating flouting the domestic travel restrictions.
The group also discussed new plans for an emphasis on compliance across shopping centres, sports and gyms.
Third level education will also be further examined in terms of compliance. It was agreed at the meeting that there would be more concentrated messaging on social distancing and non-congregated settings.
Officials also discussed a “huge increase” in those applying for the PUP. Estimates of increases up to 60,000 by Friday alone were suggested by senior sources. An economic overview was given warning of the “deep impact” new restrictions were having on the hospitality sector.
The group also discussed concerns around nursing homes and increasing rates of infection.
The oversight committee is chaired by the State’s most senior civil servant Secretary General to the Government Martin Fraser. Its role is to “provide advice to Government on the strategic economic and social policy responses to the management of the disease and to consider the Nphet advices”.


theirishtimes--2020-10-07--Off-licence opening hours should be curtailed - Minister

The opening hours of off-licences should be curtailed , Fine Gael Minister of State Patrick O ’ Donovan has said @ @ @ @ @ said he would be writing to the Minister for Health Stephen Donnelly on the matter @ @ @ @ @ Fine Gael parliamentary party meeting on Tuesday night .
Speaking on RTE ’ s Claire @ @ @ @ @ ’ Donovan said he “ was expressing a personal opinion ” but voiced fears about @ @ @ @ @ for the duration of Level 3 restrictions .
“ I don ’ t think it @ @ @ @ @ of fairness to ask people not to have house parties .
“ I am not @ @ @ @ @ licences , ” he said .

Fine Gael Minister of State Patrick O’Donovan said: “I am not saying close down the off licences”. File photograph: Sasko Lazarov/Photocall Ireland
The opening hours of off-licences should be curtailed, Fine Gael Minister of State Patrick O’Donovan has said.
Mr O’Donovan said he would be writing to the Minister for Health Stephen Donnelly on the matter after raising it at the Fine Gael parliamentary party meeting on Tuesday night.
Speaking on RTE’s Claire Byrne show, Mr O’Donovan said he “was expressing a personal opinion” but voiced fears about potential increases in house parties for the duration of Level 3 restrictions.
“I don’t think it’s behind the grounds of fairness to ask people not to have house parties.
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“I am not saying close down the off licences,” he said.
More to follow


theirishtimes--2020-10-07--Major haul of €500,000 cash, guns and drugs seized from organised gang

Gardaí have made a very significant seizure from an organised crime gang with drugs valued at almost €1 million seized , close to €500,000 in cash confiscated and three firearms also found .
Silencers and ammunition for the guns were also part of the haul , which included a Glock 9mm semi-automatic handgun , two Walter 9mm handguns , two silencers and 75 rounds of 9mm Luger and Fiocci ammunition .
While news of the operation by the Garda National Drugs and Organised Crime Bureau emerged on Wednesday , it took place on Tuesday morning in Co Meath .
One @ @ @ @ @ @ @ in custody , after searches were carried out at a business premises in Rathfeigh , Co Meath , at around 11am .
As well as the three firearms , drugs valued at approximately €958,000 were found as well as €489,120 in cash .
The haul of drugs was comprised of MDMA , or ecstasy , tablets valued at around €570,000 along with €156,000 of suspected MDMA powder , from which tablets are made .
A consignment of cocaine , worth around €140,800 was also found along with €80,000 of suspected cannabis herb and @ @ @ @ @ @ @ street value of around €12,000 .
Members of the Garda National Drugs and Organised Crime Bureau were supported during the intelligence-led operation by gardaí attached to the Meath Divisional Drugs Unit , the Eastern Region Armed Support Unit , the Customs Unit and the Garda Dog Unit and gardaí from Ashbourne , Co Meath .
The man arrested is in his early 40s and was being questioned on Wednesday at Ashbourne Garda station under Section 2 of the Criminal Justice ( Drug Trafficking ) Act .

The seizure included a Glock 9mm semi-automatic handgun, two Walter 9mm handguns, two silencers and 75 rounds of 9mm Luger and Fiocci ammunition.
Gardaí have made a very significant seizure from an organised crime gang with drugs valued at almost €1 million seized, close to €500,000 in cash confiscated and three firearms also found.
Silencers and ammunition for the guns were also part of the haul, which included a Glock 9mm semi-automatic handgun, two Walter 9mm handguns, two silencers and 75 rounds of 9mm Luger and Fiocci ammunition.
While news of the operation by the Garda National Drugs and Organised Crime Bureau emerged on Wednesday, it took place on Tuesday morning in Co Meath.
One man was arrested, and he remains in custody, after searches were carried out at a business premises in Rathfeigh, Co Meath, at around 11am.
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As well as the three firearms , drugs valued at approximately €958,000 were found as well as €489,120 in cash.
The haul of drugs was comprised of MDMA, or ecstasy, tablets valued at around €570,000 along with €156,000 of suspected MDMA powder, from which tablets are made.
A consignment of cocaine, worth around €140,800 was also found along with €80,000 of suspected cannabis herb and about 6,000 Xanax tablets with an estimated street value of around €12,000.
Three firearms and drugs valued at approximately €958,000 were found as well as €489,120 in cash.
Members of the Garda National Drugs and Organised Crime Bureau were supported during the intelligence-led operation by gardaí attached to the Meath Divisional Drugs Unit, the Eastern Region Armed Support Unit, the Customs Unit and the Garda Dog Unit and gardaí from Ashbourne, Co Meath.
The man arrested is in his early 40s and was being questioned on Wednesday at Ashbourne Garda station under Section 2 of the Criminal Justice (Drug Trafficking) Act.


theirishtimes--2020-10-07--Covid-19 ‘super checkpoints’: Many motorists turn back amid long delays on motorways

Long tailbacks are continuing on roads out of Dublin , 12 hours after new restrictions linked with coronavirus came into effect .
At midday there were still delays stretching back three kilometres on the N7 southbound out of Dublin and two-kilometre delays on the N4 out of Dublin as gardaí restricted motorway use to set up checkpoints monitoring people ’ s movements .
Many motorists turned back after admitting their journeys out of their own counties were not necessary .
New Level 3 restrictions came into effect across the Republic at midnight , with hundreds of Garda checkpoints put in @ @ @ @ @ @ @ may be on the cards .
More than 2,500 Garda members have been deployed as part of a policing surge across the Republic , with major traffic congestion anticipated due to the impact of so-called super checkpoints .
Operation Fanacht involves 132 large-scale checkpoints a day on main arterial routes around the country , in addition to thousands of mobile checkpoints on secondary routes in towns and villages per week .
Gardaí do not have powers of enforcement , but hope to persuade people not to make non-essential journeys outside their own county @ @ @ @ @ @ @ immediately seen on Wednesday morning .
Long queues stretching back eight kilometres were reported on the M4 leaving Dublin .
There were also reports of very heavy traffic on the N2 into Dublin from Co Meath and on the M11 southbound in Co Wicklow .
Video footage taken at 7.45am on Wednesday showed long tailbacks on the M7 going out of Dublin .
Traffic was at a standstill southbound with three lanes reduced to one to facilitate Garda checkpoints .
The Waterford roads policing unit conducted an early morning checkpoint in support of @ @ @ @ @ @ @ .
The Naas roads policing unit conducted checkpoints near Naas town .
One motorist said he was stopped three times between Ballyshannon and Claremorris with four for five car tailbacks , though traffic was moving .
Announcing the measures on Tuesday , Garda Commissioner Drew Harris warned that traffic would be heavy in and around Dublin .
They were hopeful the delays would prove so long it would discourage people leaving their home county and encourage them to work from home .
He said checkpoints would see traffic funnelled into one lane on @ @ @ @ @ @ @ This would mean it “ would be very difficult ” for anyone making journeys on the roads for the duration of Operation Fanacht over the next three weeks .
The Government on Monday decided that all counties will join Donegal and Dublin in Level 3 of the five-level Living with Covid strategy for the next three weeks until October 27th .
Level 3 means tighter controls on everyday life as the numbers contracting the virus and needing hospitalisation continue to grow .
A further 432 confirmed cases of Covid-19 were reported by the @ @ @ @ @ @ @ ) on Tuesday evening .
This brings to 38,973 the total number of cases of the disease in the Republic .
One further death was reported , bringing the total number of deaths to 1,811 .
According to the Health Service Executive on Tuesday night there were 142 confirmed cases of people with coronavirus in Irish hospitals , almost three times the figure a month ago .
A total of 24 people were in ICU with coronavirus last night , up from six a month ago .
Under Level 3 people are asked @ @ @ @ @ @ @ have to travel for work , educational or other essential purposes .
Visits to houses are restricted to a maximum of six from one other household while weddings and funerals are capped at 25 people .
Wet pubs , restaurants , cafes and bars serving food can remain open for take-away , delivery , and outdoor dining/services to a maximum of 15 people .
Wet pubs in Dublin remain closed .
Nightclubs , discos and casinos remain closed under Level 3 .
Tánaiste Leo Varadkar warned at a Fine Gael parliamentary party meeting @ @ @ @ @ @ @ may still happen despite the Government rejecting this week the advice of the National Public Health Emergency Team ( Nphet ) to move to Level 5 .
Mr Varadkar went on to say that advice had not been “ thought through ” and criticised Nphet after the news emerged on Sunday night without consultation with the Government in advance .
However , sources present at a meeting of the Fine Gael parliamentary party on Tuesday night said that Mr Varadkar warned that a circuit-breaker lockdown may still be on the horizon .
“ @ @ @ @ @ @ @ lockdown might , or might not work , but left us under no illusions that it is on the horizon , ” said one source .
Mr Varadkar also told party colleagues on Tuesday night that a system of graduated fines , which could include €50 penalties for not wearing face masks and €200 penalties for leaving your county , should be considered .
Sources present at the Fine Gael parliamentary party meeting said Mr Varadkar told TDs and Senators that the previous system of €2,500 fines for those who break Covid-19 regulations @ @ @ @ @ @ @ , in an address to the country from Government Buildings , Taoiseach Micheál Martin sought to balance the demands of public health with the need to “ protect lives and livelihoods ” warning that a return to lockdown “ would lead to the loss of hundreds of thousands of jobs ” .
The country was in “ a very different situation to last March ” , he said , and warned that “ severe restrictions now would have a very damaging impact ” on the economy .
Mr Martin ’ s statement represented @ @ @ @ @ @ @ Dr Tony Holohan and Nphet to implement Level 5 measures , following a day which saw fierce criticism throughout Government of the chief medical officer .

Long traffic jams were reported on Wednesday as gardaí mounted Operation Fanacht checkpoints across the country to enforce tougher coronavirus restrictions to stop the renewed spread of the virus in Ireland. Video: Bryan O'Brien
Senior Garda officers believe the first day of checkpoints nationwide and resulting traffic congestion was a “sharp shock” that made it clear people should not be travelling outside their home county unless absolutely necessary under the new Covid-19 restrictions under Level 3 that came into force at midnight on Tuesday.
More than 130 static checkpoints erected on Tuesday on motorways and other arterial routes around the country were due to be switched to the opposite side of the road this afternoon. It means motorists delayed on Wednesday morning would face the same disruption in the evening.
A Garda checkpoint on the N11 on Wednesday. Photograph: An Garda Síochána/Twitter
Thousands of other mobile checkpoints were also being erected or more minor roads all over the country. Garda sources said motorists planning to avoid main routes in a bid not to be delayed by the Operation Fanacht checkpoints “will be left very disappointed”.
Traffic updates issued by AA Roadwatch reported a queue of vehicles up to 8km on the N7 westbound from J2 Kingswood to J5 Athgoe, where a checkpoint was located.
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Other locations where lines of traffic were described as either "very slow" or "very heavy" included the M11-M50 near Bray, Co Wicklow, westbound on the M4 between J5 Leixlip and J6 Celbridge as well as J15 Kiltiernan southbound on the M50 to the Bray-Fassaroe area on the M11.
Garda officers believe the congestion on Wednesday, leading to additional 45 minute delays in some parts of the country, would dissuade many of those who decided to travel today from doing so again tomorrow or coming weeks during the period of Level 3.
Officers who spoke to The Irish Times were effectively unapologetic about the long traffic jams caused in some parts of the country, saying Garda Commissioner Drew Harris had on Tuesday warned very clear that delays were inevitable.
And while the Garda did not yet have figures proving a fall in traffic on the roads during on Wednesday, a number of sources said the anecdotal evidence from those manning the checkpoints was that traffic volume was down.
Other Garda sources reported a mixed reaction from motorists at checkpoints, many of whom had been forced to queue for up to 45 minutes due to the traffic jams caused by the operation.
“Some were glad to see us and understood we needed to be out there but you had other people who were more irate. But a lot of the reaction was reasonable; they seemed to be expecting it,” said one officer.
Gardaí familiar with the operation of the checkpoints said while not every vehicle was stopped and all drivers spoken to, a very large number were engaged in conversation and asked where they were going.
The same sources said because the advice to people not to leave their home county was set out in statutory instruments it was written in law and so gardaí were entitled to stop people and quiz them about their movements, even though no penalties arise for those who ignore that measure.
Level 3
The Government on Monday decided that all counties will join Donegal and Dublin in Level 3 of the five-level Living with Covid strategy for the next three weeks until October 27th.
Level 3 means tighter controls on everyday life as the numbers contracting the virus and needing hospitalisation continue to grow.
A further 432 confirmed cases of Covid-19 were reported by the National Public Health Emergency Team (Nphet) on Tuesday evening. This brings to 38,973 the total number of cases of the disease in the Republic. One further death was reported, bringing the total number of deaths to 1,811.
Under Level 3 people are asked to stay inside their county unless they have to travel for work, educational or other essential purposes. Visits to houses are restricted to a maximum of six from one other household while weddings and funerals are capped at 25 people.
Tánaiste Leo Varadkar leaving a Cabinet meeting in Dublin Castle on Tuesday.Photograph: Dara Mac Dónaill
Wet pubs, restaurants, cafes and bars serving food can remain open for take-away, delivery, and outdoor dining/services to a maximum of 15 people. Wet pubs in Dublin remain closed. Nightclubs, discos and casinos remain closed under Level 3.
Tánaiste Leo Varadkar warned at a Fine Gael parliamentary party meeting on Tuesday night that a short lockdown may still happen despite the Government rejecting this week the advice of the National Public Health Emergency Team (Nphet) to move to Level 5.
Mr Varadkar went on to say that advice had not been “thought through” and criticised Nphet after the news emerged on Sunday night without consultation with the Government in advance.
However, sources present at a meeting of the Fine Gael parliamentary party on Tuesday night said that Mr Varadkar warned that a circuit-breaker lockdown may still be on the horizon.
“He basically said that a circuit breaker lockdown might, or might not work, but left us under no illusions that it is on the horizon,” said one source.
On Monday, in an address to the country from Government Buildings, Taoiseach Micheál Martin sought to balance the demands of public health with the need to “protect lives and livelihoods” warning that a return to lockdown “would lead to the loss of hundreds of thousands of jobs”.
The country was in “a very different situation to last March”, he said, and warned that “severe restrictions now would have a very damaging impact” on the economy.
Mr Martin's statement represented a sharp rejection of the advice from Dr Tony Holohan and Nphet to implement Level 5 measures, following a day which saw fierce criticism throughout Government of the chief medical officer.


theirishtimes--2020-10-07--Staggered school holidays would boost ‘staycation market’, tourism taskforce says

A taskforce set up to drive the recovery of the Irish tourism industry post-coronavirus has called for staggered school holidays in a bid to encourage families to take breaks in hotels .
The proposal is included in the Tourism Recovery Plan 2020-2023 which was published on Tuesday .
Ruth Andrews , chairwoman of the taskforce , on Wednesday said the staggered holidays proposal was one of the group ’ s medium-term measures .
“ We ’ re all aware we ’ re going to be very dependent on our domestic holiday market , we would look not only to depend @ @ @ @ @ @ @ but in the longer term there ’ s real potential to increase our staycation market and the domestic market here , ” she told RTÉ Radio ’ s Morning Ireland programme .
“ One of the things that we ’ ve looked at is where , in other countries , they have changed the school holidays , particularly around periods of mid term for instance , where you can spread the school holidays across regions , which means you ’ re extending the capacity across peak periods and , as they ’ ve @ @ @ @ @ @ @ , this is very positively impacted on both the sector ’ s occupancy and pricing.
” The proposal is to look at changing mid term breaks to spread them over a longer period , said Ms Andrews .
“ It ’ s going to be difficult for the hospitality sector to function out of doors during the winter , we all know living with Covid is going to go beyond the winter period and we ’ re looking into the first six months of next year so we need those businesses to be @ @ @ @ @ @ @ they can actually move and work in an environment whereby we ’ re living with Covid , but also being able to run our businesses.
” The task force made a number of recommendations in the recovery plan , aimed at ensuring the survival of tourism businesses and jobs , including : • Professional development supports for workers in the sector • Increasing competitiveness through a VAT reduction and actions to increase the cost and supply of insurance

A taskforce set up to drive the recovery of the Irish tourism industry post-coronavirus has called for staggered school holidays in a bid to encourage families to take breaks in hotels.
The proposal is included in the Tourism Recovery Plan 2020-2023 which was published on Tuesday.
Ruth Andrews, chairwoman of the taskforce, on Wednesday said the staggered holidays proposal was one of the group’s medium-term measures.
Hospital Report
"We're all aware we're going to be very dependent on our domestic holiday market, we would look not only to depend on it during the Covid environment, but in the longer term there's real potential to increase our staycation market and the domestic market here," she told RTÉ Radio's Morning Ireland programme.
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"One of the things that we've looked at is where, in other countries, they have changed the school holidays, particularly around periods of mid term for instance, where you can spread the school holidays across regions, which means you're extending the capacity across peak periods and, as they've done in the UK and across Europe, this is very positively impacted on both the sector's occupancy and pricing."
The proposal is to look at changing mid term breaks to spread them over a longer period, said Ms Andrews.
“It’s going to be difficult for the hospitality sector to function out of doors during the winter, we all know living with Covid is going to go beyond the winter period and we’re looking into the first six months of next year so we need those businesses to be ready and to have adapted so that they can actually move and work in an environment whereby we’re living with Covid, but also being able to run our businesses.”
The task force made a number of recommendations in the recovery plan, aimed at ensuring the survival of tourism businesses and jobs, including:


theirishtimes--2020-10-07--Co Donegal nursing home is latest to report Covid-19 outbreak

Another nursing home has reported a major coronavirus outbreak with Brindley Manor Nursing Home in Convoy , Co Donegal saying it has 30 confirmed cases of Covid-19 .
The nursing home said in a statement that family members of residents have been contacted to inform them of the outbreak .
“ We can not comment on the status of these cases as they are personal health related matters , ” said a spokeswoman for the home .
“ A family liaison officer has been appointed and will be engaging with the relatives of our residents to provide regular status updates @ @ @ @ @ @ @ care of their loved one , ” said the spokeswoman .
The care facility has said that the infected residents who have tested positive for the virus are isolating in their rooms .
The home ’ s director of nursing is leading the care team at the nursing home and is working closely with the HSE ’ s public health department and the home ’ s medical director “ to ensure all appropriate measures are put in place to contain the virus ” .
The east Donegal home , run by The Brindley @ @ @ @ @ @ @ been in operation for two decades .
The home remains fully operational but is closed to non-essential visitors in line with Level 3 government restrictions .
The HSE confirmed it was providing public health and infection control guidance and support to Brindley Manor Nursing Home to support it to manage the current outbreak of Covid-19 .
“ The majority of residents who have tested positive have no symptoms and a small number have mild symptoms , ” the HSE said .
“ The HSE is examining the infection control procedures and is working @ @ @ @ @ @ @ situation.
” This is the second major outbreak at a nursing home reported this week .
Co Laois nursing home Kilminchy Lodge confirmed on Tuesday that it is dealing with 31 coronavirus cases in one of the biggest outbreaks of the disease in a care facility since infections started rising again .
Brindley Manor and Kilminchy Lodge are part of the same privately owned nursing home group , Brindley Healthcare .
Kilminchy Lodge Nursing Home in Portlaoise said that it is managing 21 cases of the Covid-19 disease among residents and a further @ @ @ @ @ @ @ ’ s chief medical officer Dr Tony Holohan warned the Government in a letter on Sunday about increasing Covid-19 cases in nursing homes as he sought stronger public measures to suppress the virus .
He said that at least 45 further coronavirus cases have been confirmed among nursing home residents in seven new outbreaks reported over the past week .
There are 31 open outbreaks of Covid-19 in nursing homes , down from 38 at the end of last month .
An outbreak is declared closed after 28 days without any new reported @ @ @ @ @ @ @ the frontline of the pandemic , accounting for more than half of the 1,810 deaths from the disease in the State since the first nursing home outbreak in March .
The HSE has been carrying out serial testing of staff across 568 nursing homes in an attempt to identify cases before outbreaks occur .
The positivity rate in the testing has been rising , from 0.13 per cent in July to 0.19 per cent in August to 0.33 per cent on almost 42,000 swabs so far taken during September and this month .

The home remains fully operational but is closed to non-essential visitors in line with Level 3 government restrictions. Photograph: iStock
Another nursing home has reported a major coronavirus outbreak with Brindley Manor Nursing Home in Convoy, Co Donegal saying it has 30 confirmed cases of Covid-19.
The nursing home said in a statement that family members of residents have been contacted to inform them of the outbreak.
“We cannot comment on the status of these cases as they are personal health related matters,” said a spokeswoman for the home.
“A family liaison officer has been appointed and will be engaging with the relatives of our residents to provide regular status updates on the health, welfare, and care of their loved one,” said the spokeswoman.
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The care facility has said that the infected residents who have tested positive for the virus are isolating in their rooms.
The home’s director of nursing is leading the care team at the nursing home and is working closely with the HSE’s public health department and the home’s medical director “to ensure all appropriate measures are put in place to contain the virus”.
The east Donegal home, run by The Brindley Manor Federation of Nursing Homes, has been in operation for two decades.
The home remains fully operational but is closed to non-essential visitors in line with Level 3 government restrictions.
The HSE confirmed it was providing public health and infection control guidance and support to Brindley Manor Nursing Home to support it to manage the current outbreak of Covid-19.
“The majority of residents who have tested positive have no symptoms and a small number have mild symptoms,” the HSE said.
“The HSE is examining the infection control procedures and is working with the nursing home to mange the situation.”
This is the second major outbreak at a nursing home reported this week.
Co Laois nursing home Kilminchy Lodge confirmed on Tuesday that it is dealing with 31 coronavirus cases in one of the biggest outbreaks of the disease in a care facility since infections started rising again.
Brindley Manor and Kilminchy Lodge are part of the same privately owned nursing home group, Brindley Healthcare.
Kilminchy Lodge Nursing Home in Portlaoise said that it is managing 21 cases of the Covid-19 disease among residents and a further 10 cases among staff.
The State’s chief medical officer Dr Tony Holohan warned the Government in a letter on Sunday about increasing Covid-19 cases in nursing homes as he sought stronger public measures to suppress the virus.
He said that at least 45 further coronavirus cases have been confirmed among nursing home residents in seven new outbreaks reported over the past week.
There are 31 open outbreaks of Covid-19 in nursing homes, down from 38 at the end of last month. An outbreak is declared closed after 28 days without any new reported cases.
Nursing homes have been at the frontline of the pandemic, accounting for more than half of the 1,810 deaths from the disease in the State since the first nursing home outbreak in March.
The HSE has been carrying out serial testing of staff across 568 nursing homes in an attempt to identify cases before outbreaks occur.
The positivity rate in the testing has been rising, from 0.13 per cent in July to 0.19 per cent in August to 0.33 per cent on almost 42,000 swabs so far taken during September and this month.


theirishtimes--2020-10-07--‘You start to question whether you have the fight to open again’

Many people breathed a sigh of relief on Monday night when Taoiseach Micheál Martin announced that the country was moving to Level 3 instead of Level 5 of the Living with Covid roadmap .
For publican and restaurateur Shane O ’ Farrell in Bray , Co Wicklow , however , the decision still meant he had to close his businesses as restrictions on indoor dining meant it was not financially viable to remain open .
Under Level 3 , indoor dining is not permitted in restaurants or bars , and outdoor dining is only permitted for up to 15 people @ @ @ @ @ @ @ done is , they ’ ve said we ’ re on Level 3 but what they ’ ve really done is they ’ ve put our industry into Level 4 or Level 5 .
It would have been fairer if they had just said ‘ close the premises ’ because 15 people outside , particularly in our premises , they ’ re just not viable , ” Mr O ’ Farrell said .
“ We looked at different options of can we make 15 people work , can we try and protect jobs @ @ @ @ @ @ @ actually sit down and do the numbers on it , it ’ s just not there .
It would be only there if you were charging , like , €50 for a pint or €50 for a bowl of soup or something .
It doesn ’ t pay to turn the lights on.
” Mr O ’ Farrell , who owns five different bars and restaurants in the area , said he had had no choice but to once again temporarily lay off his 115 full- and part-time staff members .
He said @ @ @ @ @ @ @ the summer but that it didn ’ t prove profitable .
“ There was a small bit of interest in takeaways at that time and we tried them in a few of the premises and if we even broke even that was the height of it .
There was no profitability whatsoever , ” he said .
“ The economic times now are completely different compared to back in the summer .
The pandemic unemployment payment was a lot more , the banks and the lending institutions were more lenient in relation to @ @ @ @ @ @ @ people that would have maybe budgeted for summer holidays had that little bit of additional income.
” Mr O ’ Farrell said “ public health is the most important thing ” but expressed disappointment at the way which the information was conveyed .
“ I think the way it has been communicated has been very difficult to take .
I ’ m angry for our staff , that we have had to have that conversation , like we ’ re back in March again .
“ It ’ s like you were kicked @ @ @ @ @ @ @ now we ’ re kicked down again .
It ’ s disheartening .
You start to question whether you have the fight or the will , or the financial capability to get back up again.
” Mr Farrell added that there was “ always that fear ” that the temporary closure would become permanent .
“ The longer it goes on , the bigger the fear is .
We ’ re hoping things will improve and we will be able to reopen .
”

Pictured in Bray, Co Wicklow are Stephen Kavanagh (left), manager of The Anchor, and Shane O’Farrell (right), owner of several pubs in the area, including The Anchor, The Ardmore, Max & Harvey’s, The Wild Goose and Butler & Barry’s. Photograph Nick Bradshaw/The Irish Times
Many people breathed a sigh of relief on Monday night when Taoiseach Micheál Martin announced that the country was moving to Level 3 instead of Level 5 of the Living with Covid roadmap.
For publican and restaurateur Shane O' Farrell in Bray, Co Wicklow, however, the decision still meant he had to close his businesses as restrictions on indoor dining meant it was not financially viable to remain open.
Under Level 3, indoor dining is not permitted in restaurants or bars, and outdoor dining is only permitted for up to 15 people.
“Effectively what they’ve done is, they’ve said we’re on Level 3 but what they’ve really done is they’ve put our industry into Level 4 or Level 5. It would have been fairer if they had just said ‘close the premises’ because 15 people outside, particularly in our premises, they’re just not viable,” Mr O’Farrell said.
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“We looked at different options of can we make 15 people work, can we try and protect jobs and save jobs, but when you actually sit down and do the numbers on it, it’s just not there. It would be only there if you were charging, like, €50 for a pint or €50 for a bowl of soup or something. It doesn’t pay to turn the lights on.”
Mr O’Farrell, who owns five different bars and restaurants in the area, said he had had no choice but to once again temporarily lay off his 115 full- and part-time staff members. He said he had tried the takeaway options during the summer but that it didn’t prove profitable.
“There was a small bit of interest in takeaways at that time and we tried them in a few of the premises and if we even broke even that was the height of it. There was no profitability whatsoever,” he said.
“The economic times now are completely different compared to back in the summer. The pandemic unemployment payment was a lot more, the banks and the lending institutions were more lenient in relation to moratoriums and breaks on loans and the people that would have maybe budgeted for summer holidays had that little bit of additional income.”
Mr O’Farrell said “public health is the most important thing” but expressed disappointment at the way which the information was conveyed.
“I think the way it has been communicated has been very difficult to take. I’m angry for our staff, that we have had to have that conversation, like we’re back in March again.
“It’s like you were kicked, you got back up, but now we’re kicked down again. It’s disheartening. You start to question whether you have the fight or the will, or the financial capability to get back up again.”
Mr Farrell added that there was "always that fear" that the temporary closure would become permanent.
“The longer it goes on, the bigger the fear is. We’re hoping things will improve and we will be able to reopen.”


theirishtimes--2020-10-08--Every part of country seeing rise in Covid-19 cases, warns Nphet

Every part of the country is experiencing increases in Covid-19 , the National Public Health Emergency Team ( Nphet ) said on Wednesday night .
Prof Philip Nolan , chair of the Irish epidemiological modelling group , said there was “ no county where the incidence is not of concern ” .
He said the team is “ seeing very high incidence ” among younger people , but also cautioned that there is significant growth among older people .
At the beginning of September , the incidence in older people was 10-15 cases per 100,000 above 65 , now it @ @ @ @ @ @ @ said the reproduction number , which needs to be below 1 to suppress the disease , is likely at about 1.2 .
However , he said this is flattered by Dublin ’ s performance .
He said the number in the capital is likely around one , and in the rest of the country is about 1.5 .
“ The disease is spreading very rapidly , particularly outside Dublin.
” Even in the capital , he sounded a note of caution over the idea that the virus was stabilising .
“ We ’ @ @ @ @ @ @ @ case numbers in Dublin in the past , ” he said .
If the R number remains at a level of 1.2 to 1.4 , Nphet expects to see 1,100-1,500 cases per day by the end of the first week in November , and 350-450 people in hospital by that date .
Dr Tony Holohan , the chief medical officer , said there was still an opportunity to contain the spread of the virus if people acted collectively and individually .
“ It is clear that as a country , we haven ’ @ @ @ @ @ @ @ up those standards of behaviour which is part of the reason we find ourselves in the challenge that we have , ” he said .
“ The real concern over the summer has been the quantum of socialisation , and all of the different ways that happens and how much that has driven the opportunities for the virus to spread , and the virus has taken those opportunities , ” he said .
He said Christmas would be “ a challenging time ” , but that the levels of virus leading into that @ @ @ @ @ @ @ matters greatly if you go into Christmas at 50 cases a day , 500 cases a day , or 1,000 cases a day , ” he said , taking for example that the R number could be 2.5 at that time due to socialising .
“ We can still save Christmas , I presume , if we do the right thing for the next three weeks , ” Prof Nolan said .
With some calling for restrictions on the sale of alcohol , Dr Holohan said : “ There ’ s no question @ @ @ @ @ @ @ in helping to create the kind of social circumstances this virus thrives on .
This virus loves alcohol .
”

Prof Philip Nolan said there was very high incidence of Covid-19 among young people. Photograph: Colin Keegan, Collins Dublin
Every part of the country is experiencing increases in Covid-19, the National Public Health Emergency Team (Nphet) said on Wednesday night.
Prof Philip Nolan, chair of the Irish epidemiological modelling group, said there was "no county where the incidence is not of concern". He said the team is "seeing very high incidence" among younger people, but also cautioned that there is significant growth among older people. At the beginning of September, the incidence in older people was 10-15 cases per 100,000 above 65, now it is about 30 cases.
Prof Nolan said the reproduction number, which needs to be below 1 to suppress the disease, is likely at about 1.2. However, he said this is flattered by Dublin’s performance. He said the number in the capital is likely around one, and in the rest of the country is about 1.5.
“The disease is spreading very rapidly, particularly outside Dublin.”
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Even in the capital, he sounded a note of caution over the idea that the virus was stabilising.
“We’ve been fooled by temporary reductions in case numbers in Dublin in the past,” he said.
If the R number remains at a level of 1.2 to 1.4, Nphet expects to see 1,100-1,500 cases per day by the end of the first week in November, and 350-450 people in hospital by that date.
Dr Tony Holohan, the chief medical officer, said there was still an opportunity to contain the spread of the virus if people acted collectively and individually.
“It is clear that as a country, we haven’t been doing as well in keeping up those standards of behaviour which is part of the reason we find ourselves in the challenge that we have,” he said.
‘Save Christmas’
“The real concern over the summer has been the quantum of socialisation, and all of the different ways that happens and how much that has driven the opportunities for the virus to spread, and the virus has taken those opportunities,” he said.
He said Christmas would be “a challenging time”, but that the levels of virus leading into that period would be vital.
“It matters greatly if you go into Christmas at 50 cases a day, 500 cases a day, or 1,000 cases a day,” he said, taking for example that the R number could be 2.5 at that time due to socialising.
“We can still save Christmas, I presume, if we do the right thing for the next three weeks,” Prof Nolan said.
With some calling for restrictions on the sale of alcohol, Dr Holohan said: “There’s no question alcohol has played a very important part in helping to create the kind of social circumstances this virus thrives on. This virus loves alcohol.”


theirishtimes--2020-10-08--Woulfe controversy: Resolution hampered by absence of clear procedures

The Supreme Court ’ s anxiety for a speedy resolution to the controversy arising from Justice Séamus Woulfe ’ s attendance at the Oireachtas golf dinner remains hampered by the absence of a clear procedure for dealing with such issues .
Former chief justice Susan Denham , in her report on the matter , recommended an “ informal resolution ” process , but there are no defined parameters for that .
Such a process is dependent on the voluntary participation of the affected judge and on an agreement being reached that is acceptable to the judge .
Even where such @ @ @ @ @ @ @ not binding .
In relation to Woulfe , the process appears to have run into difficulties from the first meeting under it .
When the judge met three of his Supreme Court colleagues last Friday , he was taken aback by how they proposed the matter be resolved .
While details of the proposed resolution have not so far been disclosed , it is understood he expected a more straightforward method than was proposed .
The judge was to consider his response before a meeting on Monday , this time with the Chief @ @ @ @ @ @ @ which it was expected he would outline his response .
That did not happen because , late on Sunday evening , Woulfe requested that this meeting be deferred .
It was put off until Friday but , on Tuesday evening , a brief statement issued on behalf of the Chief Justice said Woulfe had requested a further postponement on medical grounds , which was granted .
The meeting is now scheduled for October 13th .
The Chief Justice ’ s statement stressed he had “ emphasised to [ Woulfe ] the urgency of @ @ @ @ @ @ @ benefit to the Supreme Court of finalising this matter is clear .
It has cast a shadow over the court since August .
The Denham review expressed the view the judge broke no law by attending the golf event , and that seeking his resignation would be unjust and inappropriate .
Former chief justice Susan Denham was also of the opinion he had failed to consider whether his attendance at a celebratory dinner in a public place in the middle of a pandemic might be an impropriety , or be considered by members @ @ @ @ @ @ @ said in her opinion he should not have attended the golf dinner .
The content of the since-published transcript of the meeting between Woulfe and Denham has added to concerns that the controversy has damaged the public perception of the highest court in the land .
When he met Denham last month for her review , Woulfe was anxious that the matter be resolved as soon as possible , noting the new legal year opened on October 5th and he was listed to sit for the first time on the Supreme Court bench @ @ @ @ @ @ @ changed in the days before the Denham report was published , and the updated Supreme Court diary still contains no listing of a Supreme Court bench including Woulfe .
The core difficulty for the Supreme Court in resolving the matter is that it has effectively had to develop an ad-hoc response .
Its initial response of seeking the Denham review was clearly an effort to address public concern about the judge ’ s attendance , but the court then faced a problem where it had arranged a non-statutory review that it could neither @ @ @ @ @ @ @ the review should be published , and the Judicial Council became the vehicle for that .
The problem for the court now is what happens next .
It has commenced the “ informal resolution ” process as recommended by Denham .
Although that has traditionally effectively meant a “ dressing down ” or reprimand , the Supreme Court ’ s operation of it in this case may be influenced by provisions of the Judicial Council Act dealing with informal resolution of “ complaints ” against judges .
Those provisions have yet to be @ @ @ @ @ @ @ conduct that predated them .
For that reason , and because there is no complaint against Woulfe , they are not analogous to his situation .
The Supreme Court may nonetheless be looking to section 61 of the Act as providing some guidance to assist it in this matter .
Section 61 concerns referral of a complaint made against a judge for resolution “ by informal means ” .
It provides that a “ designated ” judge may appoint not more than three judges from the same court as the affected judge , @ @ @ @ @ @ @ by informal means .
Resolution requires the consent of the complainant and the affected judge .
Answers given by either in the process of trying to resolve the complaint can not be communicated to anyone outside those seeking to resolve the complaint and are not admissible in other proceedings .
The complaint can not be resolved by financial compensation .
If a complaint is resolved by informal means , a report with details of the resolution will be provided to the Judicial Conduct Committee and no further action taken .
If the complaint @ @ @ @ @ @ @ will provide a report to the committee , outlining the reasons why .
Whatever happens at next week ’ s meeting , there is at least one thing all involved agree on – the matter has to be resolved sooner rather the later .

The Supreme Court’s anxiety for a speedy resolution to the controversy arising from Justice Séamus Woulfe’s attendance at the Oireachtas golf dinner remains hampered by the absence of a clear procedure for dealing with such issues.
Former chief justice Susan Denham, in her report on the matter, recommended an “informal resolution” process, but there are no defined parameters for that. Such a process is dependent on the voluntary participation of the affected judge and on an agreement being reached that is acceptable to the judge. Even where such an agreement is reached, it is not binding.
In relation to Woulfe, the process appears to have run into difficulties from the first meeting under it. When the judge met three of his Supreme Court colleagues last Friday, he was taken aback by how they proposed the matter be resolved. While details of the proposed resolution have not so far been disclosed, it is understood he expected a more straightforward method than was proposed.
The judge was to consider his response before a meeting on Monday, this time with the Chief Justice, Justice Frank Clarke, at which it was expected he would outline his response.
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That did not happen because, late on Sunday evening, Woulfe requested that this meeting be deferred. It was put off until Friday but, on Tuesday evening, a brief statement issued on behalf of the Chief Justice said Woulfe had requested a further postponement on medical grounds, which was granted. The meeting is now scheduled for October 13th.
The Chief Justice’s statement stressed he had “emphasised to [Woulfe] the urgency of bringing this process forward”.
Public trust
The benefit to the Supreme Court of finalising this matter is clear. It has cast a shadow over the court since August. The Denham review expressed the view the judge broke no law by attending the golf event, and that seeking his resignation would be unjust and inappropriate. Former chief justice Susan Denham was also of the opinion he had failed to consider whether his attendance at a celebratory dinner in a public place in the middle of a pandemic might be an impropriety, or be considered by members of the public as such, and said in her opinion he should not have attended the golf dinner. The content of the since-published transcript of the meeting between Woulfe and Denham has added to concerns that the controversy has damaged the public perception of the highest court in the land.
When he met Denham last month for her review, Woulfe was anxious that the matter be resolved as soon as possible, noting the new legal year opened on October 5th and he was listed to sit for the first time on the Supreme Court bench on October 6th. That listing was changed in the days before the Denham report was published, and the updated Supreme Court diary still contains no listing of a Supreme Court bench including Woulfe.
The core difficulty for the Supreme Court in resolving the matter is that it has effectively had to develop an ad-hoc response. Its initial response of seeking the Denham review was clearly an effort to address public concern about the judge’s attendance, but the court then faced a problem where it had arranged a non-statutory review that it could neither implement or publish. It was determined the review should be published, and the Judicial Council became the vehicle for that.
Where next?
The problem for the court now is what happens next. It has commenced the “informal resolution” process as recommended by Denham. Although that has traditionally effectively meant a “dressing down” or reprimand, the Supreme Court’s operation of it in this case may be influenced by provisions of the Judicial Council Act dealing with informal resolution of “complaints” against judges. Those provisions have yet to be commenced and cannot be applied to conduct that predated them. For that reason, and because there is no complaint against Woulfe, they are not analogous to his situation.
The Supreme Court may nonetheless be looking to section 61 of the Act as providing some guidance to assist it in this matter. Section 61 concerns referral of a complaint made against a judge for resolution “by informal means”. It provides that a “designated” judge may appoint not more than three judges from the same court as the affected judge, to seek the resolution of the complaint by informal means. Resolution requires the consent of the complainant and the affected judge. Answers given by either in the process of trying to resolve the complaint cannot be communicated to anyone outside those seeking to resolve the complaint and are not admissible in other proceedings. The complaint cannot be resolved by financial compensation. If a complaint is resolved by informal means, a report with details of the resolution will be provided to the Judicial Conduct Committee and no further action taken. If the complaint is not resolved, the designated judge will provide a report to the committee, outlining the reasons why.
Whatever happens at next week’s meeting, there is at least one thing all involved agree on – the matter has to be resolved sooner rather the later.