theirishtimes--2020-05-06--Bar Council looking into idea of ordinary crimes being tried in non-jury courts

The organisation that represents most of the State ’ s barristers is researching the idea of ordinary crimes being tried in non-jury courts as part of the response to coronavirus .
The Bar of Ireland has been making suggestions to the Courts Service and to the judiciary about how best to get the court system back up and running when the Government eases restrictions currently in place .
One of the biggest challenges facing the system is how to resume jury trials in the context of ongoing social distancing rules .
“ How in the name of Jaysus do we @ @ @ @ @ @ @ ” said one person involved who did not wish to be named .
Consideration should be given to using non-jury courts , especially on a consensual basis , he said .
The Bar Council was researching the idea , which he said “ should be on the table ” .
The right to a trial by jury is cited in the Constitution and any thought of “ foisting ” a non-jury trial on accused persons would require “ very , very careful ” consideration , he said .
The senior barrister , who @ @ @ @ @ @ @ it might be that barristers would be slow to advise a client that he or she would have a better chance before a judge than before a jury .
“ But there could be some cases , ” he said .
There was a view among barristers at the moment , “ and I think that there ’ s something in it ” , that juries currently apply a presumption of guilt in some types of sex cases , particularly allegations of abuse within the family .
In such cases an accused “ @ @ @ @ @ @ @ judge ” .
Another barrister who practises criminal law said that a significant minority of cases that are awaiting trial involve people who , although entitled to a presumption of innocence , have been refused bail .
These cases will most likely have to be given priority once jury trails resume .
He thought it would be very rare for an accused person to opt for a non-jury trial , if such an option became available .
Prior to the lockdown , there was an 18-month wait for a trial date in the @ @ @ @ @ @ @ in the Central Criminal Court .
Cases that are not being heard because of the lockdown are being put back for mention to dates later in the year .
When the two courts resume hearing trials , the question will arise as to whether trials scheduled for later this year , or early next year , should be pushed back to accommodate those that could not be heard during the Covid-19 emergency , making for even longer delays .
“ And the longer trials are put back , then the more witnesses ’ @ @ @ @ @ @ @ who practises in the criminal courts .
Associate professor of law at Trinity College , Dublin , David Kenny , said the idea of holding ordinary trials before non-jury courts would definitely raise constitutional questions .
“ There is , on its face , a constitutional barrier to it , ” he said .
“ But it doesn ’ t seem to me to be one that is insurmountable , if we needed to go down thats road.
” The Constitution says that all non-minor criminal offences should be tried before a jury @ @ @ @ @ @ @ tribunals or cases heard by special courts established by law because “ the ordinary courts are inadequate to secure the effective administration of justice , and the preservation of public peace and order ” .

‘How in the name of Jaysus do we get back to holding jury trials?’ said one person involved who did not wish to be named. Photograph: Getty Images
The organisation that represents most of the State’s barristers is researching the idea of ordinary crimes being tried in non-jury courts as part of the response to coronavirus.
The Bar of Ireland has been making suggestions to the Courts Service and to the judiciary about how best to get the court system back up and running when the Government eases restrictions currently in place.
One of the biggest challenges facing the system is how to resume jury trials in the context of ongoing social distancing rules.
“How in the name of Jaysus do we get back to holding jury trials?” said one person involved who did not wish to be named.
READ MORE
Consideration should be given to using non-jury courts, especially on a consensual basis, he said.
The Bar Council was researching the idea, which he said "should be on the table".
‘Careful’
The right to a trial by jury is cited in the Constitution and any thought of “foisting” a non-jury trial on accused persons would require “very, very careful” consideration, he said.
The senior barrister, who practises in the criminal courts, said it might be that barristers would be slow to advise a client that he or she would have a better chance before a judge than before a jury.
“But there could be some cases,” he said. There was a view among barristers at the moment, “and I think that there’s something in it”, that juries currently apply a presumption of guilt in some types of sex cases, particularly allegations of abuse within the family. In such cases an accused “might have a better chance before a judge”.
Another barrister who practises criminal law said that a significant minority of cases that are awaiting trial involve people who, although entitled to a presumption of innocence, have been refused bail. These cases will most likely have to be given priority once jury trails resume.
He thought it would be very rare for an accused person to opt for a non-jury trial, if such an option became available.
Prior to the lockdown, there was an 18-month wait for a trial date in the Circuit Criminal Court and about a year in the Central Criminal Court.
Cases that are not being heard because of the lockdown are being put back for mention to dates later in the year.
Pushed back
When the two courts resume hearing trials, the question will arise as to whether trials scheduled for later this year, or early next year, should be pushed back to accommodate those that could not be heard during the Covid-19 emergency, making for even longer delays.
“And the longer trials are put back, then the more witnesses’ memories fade,” said another barrister who practises in the criminal courts.
Associate professor of law at Trinity College, Dublin, David Kenny, said the idea of holding ordinary trials before non-jury courts would definitely raise constitutional questions.
“There is, on its face, a constitutional barrier to it,” he said. “But it doesn’t seem to me to be one that is insurmountable, if we needed to go down thats road.”
The Constitution says that all non-minor criminal offences should be tried before a jury, save in the case of military tribunals or cases heard by special courts established by law because “the ordinary courts are inadequate to secure the effective administration of justice, and the preservation of public peace and order”.


theirishtimes--2020-05-05--Coronavirus: Top US health official clashed repeatedly with his superiors over pandemic

A top US health official who said he was ousted over his concerns regarding a drug pushed by the Trump administration for the coronavirus also clashed repeatedly with his superiors over other issues related to the pandemic , according to a complaint the official filed on Tuesday .
Rick Bright , who had served as the director of the Biomedical Advanced Research and Development Authority ( Barda ) until the end of last month , disagreed with his supervisors at the Department of Health and Human Services over the seriousness of the threat of the novel coronavirus , shortages of @ @ @ @ @ @ @ companies with political connections .
Attorneys for Bright filed the complaint with the Office of Special Counsel .
The document says Bright ’ s former boss , assistant secretary for preparedness and response Robert Kadlec , created a culture of cronyism that didn ’ t emphasise scientific data .
Bright , who was moved to a less visible role at the National Institutes of Health ( NIH ) , wants to remain as Barda director .
“ Dr Bright was transferred to NIH to work on diagnostics testing – critical to combating Covid-19 @ @ @ @ @ @ @ spend upwards of $ 1 billion to advance that effort , ” said Caitlin Oakley , an HHS spokeswoman .
“ We are deeply disappointed that he has not shown up to work on behalf of the American people and lead on this critical endeavour.
” Bright ’ s complaint outlines his concerns over contracts he says HHS officials pushed based on political considerations rather than scientific data .
He raised red flags regarding hydroxychloroquine and chloroquine , two drugs Trump and his administration had touted as Covid-19 treatments despite a lack of @ @ @ @ @ @ @ the broad use of chloroquine and hydroxychloroquine as lacking scientific merit , ” the complaint said , “ even though the administration promoted it as a panacea and demanded that New York and New Jersey be ‘ flooded ’ with these drugs , which were imported from factories in Pakistan and India that had not been inspected ” by US drug regulators .
Bright was specifically concerned that Bayer AG ’ s donation of one million chloroquine doses to the strategic national stockpile consisted of drugs made in uninspected overseas factories .
He @ @ @ @ @ @ @ March 23rd to “ drop everything ” and make the donation available to the American public .
The Food and Drug Administration has said it tested the pills ’ quality .
Bright pushed to make the drugs available only in a limited pilot and then worked with the FDA ’ s Janet Woodcock , who leads the agency ’ s drug centre , to craft an emergency authorisation for the drug that limited it to hospitalized patients .
The emergency authorisation “ would better protect patients by enabling physicians to closely monitor their @ @ @ @ @ @ @ any side effects of the drug ” , according to the complaint .
Bright also says he tried to warn HHS secretary Alex Azar and other officials about the seriousness of the virus and the nation ’ s lack of preparedness on January 23rd .
He was later told that raising his concerns and pushing for federal funds for Barda created a controversy and offended HHS leadership .
– Bloomberg

A top US health official who said he was ousted over his concerns regarding a drug pushed by the Trump administration for the coronavirus also clashed repeatedly with his superiors over other issues related to the pandemic, according to a complaint the official filed on Tuesday.
Rick Bright, who had served as the director of the Biomedical Advanced Research and Development Authority (Barda) until the end of last month, disagreed with his supervisors at the Department of Health and Human Services over the seriousness of the threat of the novel coronavirus, shortages of protective gear and contracts that went to companies with political connections.
Attorneys for Bright filed the complaint with the Office of Special Counsel. The document says Bright’s former boss, assistant secretary for preparedness and response Robert Kadlec, created a culture of cronyism that didn’t emphasise scientific data.
Bright, who was moved to a less visible role at the National Institutes of Health (NIH), wants to remain as Barda director.
READ MORE
“Dr Bright was transferred to NIH to work on diagnostics testing – critical to combating Covid-19 – where he has been entrusted to spend upwards of $1 billion to advance that effort,” said Caitlin Oakley, an HHS spokeswoman. “We are deeply disappointed that he has not shown up to work on behalf of the American people and lead on this critical endeavour.”
Bright’s complaint outlines his concerns over contracts he says HHS officials pushed based on political considerations rather than scientific data. He raised red flags regarding hydroxychloroquine and chloroquine, two drugs Trump and his administration had touted as Covid-19 treatments despite a lack of clinical evidence.
“Dr Bright opposed the broad use of chloroquine and hydroxychloroquine as lacking scientific merit,” the complaint said, “even though the administration promoted it as a panacea and demanded that New York and New Jersey be ‘flooded’ with these drugs, which were imported from factories in Pakistan and India that had not been inspected” by US drug regulators.
Bright was specifically concerned that Bayer AG’s donation of one million chloroquine doses to the strategic national stockpile consisted of drugs made in uninspected overseas factories. He said in the complaint he was told March 23rd to “drop everything” and make the donation available to the American public. The Food and Drug Administration has said it tested the pills’ quality.
Bright pushed to make the drugs available only in a limited pilot and then worked with the FDA’s Janet Woodcock, who leads the agency’s drug centre, to craft an emergency authorisation for the drug that limited it to hospitalized patients. The emergency authorisation “would better protect patients by enabling physicians to closely monitor their progress in a hospital setting and treat any side effects of the drug”, according to the complaint.
Bright also says he tried to warn HHS secretary Alex Azar and other officials about the seriousness of the virus and the nation’s lack of preparedness on January 23rd. He was later told that raising his concerns and pushing for federal funds for Barda created a controversy and offended HHS leadership. – Bloomberg


theirishtimes--2020-05-05--Deaths in residential care facilities and nursing homes reach 819

Deaths from coronavirus in nursing homes and other residential care facilities have risen to 819 , or 61 per cent of all 1,339 Covid-19 deaths , the Department of Health has said .
Included in this figure are 706 deaths associated with nursing homes residents , or almost 53 per cent of total deaths .
The number of deaths in residential care facilities has risen by 84 since last Thursday , the bulk of which , some 76 , occurred in the country ’ s nursing homes .
The increase in the number of Covid-19 clusters – each defined as @ @ @ @ @ @ @ homes has slowed .
The National Public Health Emergency Team at the department said that there were 394 clusters in residential care facilities , including 229 in nursing homes , an increase of two in a day .
There were a reported 5,174 coronavirus cases , an increase of 89 in a day , and that of those , 4,108 were in nursing homes , an increase of 59 , the department ’ s emergency team said .
Some 370 residential care facilities cases were hospitalised , or 7.2 per cent of the @ @ @ @ @ @ @ nursing home cases , or 6.1 per cent of that total .
The figures show the vast majority of residential care facilities cases ( 84 per cent ) and nursing home cases ( 83 per cent ) recover from the virus , though the death toll among elderly nursing home residents stands at more than three times the mortality rate among the general population .
The mass testing of thousands of nursing home residents and staff is 91 per cent complete , Dr Colm Henry , chief clinical officer of the HSE , @ @ @ @ @ @ @ .
Testing had been carried out at 527 of the 582 public and private nursing homes in the State , he said , and that the remainder would be completed “ in the coming days ” .
The overall rate of positives tests had fallen to 3 per cent showing that the number of nursing home cases was “ reassuringly lower than we would have been concerned about initially ” , he said .
Dr Henry told the briefing that there have been almost 400 HSE staff redeployed to nursing homes , including @ @ @ @ @ @ @ homes ” including about 80 to 85 mostly smaller homes that are “ facing difficult challenges ” .
Tadhg Daly , chief executive of Nursing Homes Ireland ( NHI ) , which represents private nursing homes , said the mass testing was “ the right thing to do ” but there had to be a contingency plan to help homes find replacement staff for those who test positive and have to self-isolate for 14 days .
Mr Daly ’ s group welcomed comments by Taoiseach Leo Varadkar during his Late Late Show interview @ @ @ @ @ @ @ care such as older people staying at home “ for much longer ” or having community homes instead of big , 150-bed nursing homes .
NHI said on Tuesday that successive governments had ignored calls for enhanced planning of care services for older people for years .
Mr Daly said the group had been calling for a forum on long-term care for a decade and that the NHI had made representatives to Mr Varadkar when he was minister for health from 2014 to 2016 .
“ For too long , the care provided @ @ @ @ @ @ @ ’ s length and under-resourced , and the requirement to address fundamental issues placed on the long finger , ” he said .

Deaths from coronavirus in nursing homes and other residential care facilities have risen to 819, or 61 per cent of all 1,339 Covid-19 deaths, the Department of Health has said.
Included in this figure are 706 deaths associated with nursing homes residents, or almost 53 per cent of total deaths.
The number of deaths in residential care facilities has risen by 84 since last Thursday, the bulk of which, some 76, occurred in the country’s nursing homes.
The increase in the number of Covid-19 clusters – each defined as two or more cases – in nursing homes has slowed.
READ MORE
The National Public Health Emergency Team at the department said that there were 394 clusters in residential care facilities, including 229 in nursing homes, an increase of two in a day.
Hospitalised
There were a reported 5,174 coronavirus cases, an increase of 89 in a day, and that of those, 4,108 were in nursing homes, an increase of 59, the department’s emergency team said.
Some 370 residential care facilities cases were hospitalised, or 7.2 per cent of the total, and 250 of the 4,109 nursing home cases, or 6.1 per cent of that total.
The figures show the vast majority of residential care facilities cases (84 per cent) and nursing home cases (83 per cent) recover from the virus, though the death toll among elderly nursing home residents stands at more than three times the mortality rate among the general population.
The mass testing of thousands of nursing home residents and staff is 91 per cent complete, Dr Colm Henry, chief clinical officer of the HSE, told the week-daily NPHET briefing on Tuesday.
Testing had been carried out at 527 of the 582 public and private nursing homes in the State, he said, and that the remainder would be completed “in the coming days”.
The overall rate of positives tests had fallen to 3 per cent showing that the number of nursing home cases was “reassuringly lower than we would have been concerned about initially”, he said.
Dr Henry told the briefing that there have been almost 400 HSE staff redeployed to nursing homes, including “well over 100 to private nursing homes” including about 80 to 85 mostly smaller homes that are “facing difficult challenges”.
Contingency plan
Tadhg Daly, chief executive of Nursing Homes Ireland (NHI), which represents private nursing homes, said the mass testing was "the right thing to do" but there had to be a contingency plan to help homes find replacement staff for those who test positive and have to self-isolate for 14 days.
Mr Daly's group welcomed comments by Taoiseach Leo Varadkar during his Late Late Show interview last Friday suggesting alternatives to nursing home care such as older people staying at home "for much longer" or having community homes instead of big, 150-bed nursing homes.
NHI said on Tuesday that successive governments had ignored calls for enhanced planning of care services for older people for years.
Mr Daly said the group had been calling for a forum on long-term care for a decade and that the NHI had made representatives to Mr Varadkar when he was minister for health from 2014 to 2016.
“For too long, the care provided by nursing homes has been at arm’s length and under-resourced, and the requirement to address fundamental issues placed on the long finger,” he said.


theirishtimes--2020-05-05--Government urged to reopen childcare facilities to help essential workers

The Government must immediately revise the proposed date for the reopening of childcare facilities to help healthcare staff who are experiencing difficulties , the country ’ s largest trade unionhas said .
Siptu said creches should open before the June 29th date listed in the Government ’ s plans to ease the restrictions introduced in response to the coronavirus pandemic .
It said this date would lead to “ a further eight weeks of intolerable pressure on our frontline workers ” .
The union also urged the Government to provide an “ annual leave credit ” to compensate healthcare workers @ @ @ @ @ @ @ weeks to mind children .
“ Unfortunately , the proposed date of Monday 29th June is not good enough for thousands of health and essential workers , ” Siptu health division orgniser Paul Bell said on Tuesday .
“ Some progress was made last week to secure paid leave entitlements for health service workers experiencing severe difficulties with childcare obligations .
However , the Government remains lethargic in its response to an issue which is seriously impacting on a huge number workers involved in the health emergency.
” Siptu said that while it @ @ @ @ @ @ @ 18th childcare workers could care for the children in the homes of essential workers on a voluntary basis , “ the issue of how health and essential workers will pay for these services must be clarified ” .
Mr Bell said it was also time for the Government to engage with union representatives and the HSE “ to compensate workers who were forced to use up their annual leave provision for childminding obligations ” .
“ It has allowed this matter to drift from week to week continually promising a solution and many @ @ @ @ @ @ @ annual leave allocation to provide childcare , ” he said .
“ It is not good enough .
Siptu representatives are now calling on the Government to reimburse these essential workers by offering them a special “ annual leave credit ” which can be used later in the year .
”

Siptu has urged the Government to revise the proposed date for the reopening of childcare facilities to help essential workers are experiencing childcare difficulties. Photograph: Edmond Terakopian/ PA Wire.
Industry Correspondent
The Government must immediately revise the proposed date for the reopening of childcare facilities to help healthcare staff who are experiencing difficulties, the country’s largest trade unionhas said.
Siptu said creches should open before the June 29th date listed in the Government's plans to ease the restrictions introduced in response to the coronavirus pandemic. It said this date would lead to "a further eight weeks of intolerable pressure on our frontline workers".
The union also urged the Government to provide an “annual leave credit” to compensate healthcare workers who had to take their holidays inrecent weeks to mind children.
READ MORE
"Unfortunately, the proposed date of Monday 29th June is not good enough for thousands of health and essential workers," Siptu health division orgniser Paul Bell said on Tuesday.
“Some progress was made last week to secure paid leave entitlements for health service workers experiencing severe difficulties with childcare obligations. However, the Government remains lethargic in its response to an issue which is seriously impacting on a huge number workers involved in the health emergency.”
Siptu said that while it was a positive development that from May 18th childcare workers could care for the children in the homes of essential workers on a voluntary basis, “the issue of how health and essential workers will pay for these services must be clarified”.
Mr Bell said it was also time for the Government to engage with union representatives and the HSE “to compensate workers who were forced to use up their annual leave provision for childminding obligations”.
“It has allowed this matter to drift from week to week continually promising a solution and many of our members have now exhausted their annual leave allocation to provide childcare,” he said.
“It is not good enough. Siptu representatives are now calling on the Government to reimburse these essential workers by offering them a special “annual leave credit” which can be used later in the year.”


theirishtimes--2020-05-05--Judge makes orders to protect business of man brain-injured after heart attack

A High Court judge has made interim orders aimed at protecting the business and personal finances of a man who suffered a brain injury following a sudden heart attack in recent months .
The orders were sought in the context of an intended inquiry into whether the man , aged in his 50s , divorced , and the sole director of his business , should be made a ward of court based on concerns about his neurological recovery following an out of hospital cardiac arrest .
The most recent prognosis is that his brain impairment is irreversible .
He has @ @ @ @ @ @ @ in the hospital care unit where he is being treated , the court heard .
His case came before Mr Justice Richard Humphreys on when the judge was asked by Proinsias Ó Maolchalain , representing the man ’ s solicitor for interim orders pending a wardship inquiry .
The solicitor had petitioned for wardship last month on foot of medical reports obtained by him arising from his concerns about the man ’ s capacity when the man failed to recognise him during a hospital visit and appeared disorientated .
On Tuesday , the @ @ @ @ @ @ @ Patricia Hickey , general solicitor for wards of court , as guardian of the fortune of the man , who is understood to have substantial assets .
The orders , made under the court ’ s inherent jurisdiction , permit Ms Hickey to deal with aspects of the affairs of the man ’ s company , including to have him replaced by another director , and allowing her report to the court on proposals for it into the future .
The judge also made orders permitting Ms Hickey to operate the man ’ @ @ @ @ @ @ @ continuing his private health insurance and maintenance payments .
An independent medical visitor was appointed to carry out a capacity assessment of the man and a guardian ad litem to represent the man ’ s interests was also appointed .
The judge further directed the Central Bank be put on notice of the matter .
Ms Hickey told the judge she had asked a forensic accountant to make inquiries with the bank dealing with the man ’ s affairs and she required the orders sought to deal with aspects of its affairs so @ @ @ @ @ @ @ ensure the company complies with its obligations .
The business , which employs a number of people , appeared to be run as a one-man operation , she said .
One priority was to retain the goodwill the man had built up in the business with a view to either keeping it going or perhaps selling it , she added .

A High Court judge has made interim orders aimed at protecting the business and personal finances of a man who suffered a brain injury following a sudden heart attack in recent months.
The orders were sought in the context of an intended inquiry into whether the man, aged in his 50s, divorced, and the sole director of his business, should be made a ward of court based on concerns about his neurological recovery following an out of hospital cardiac arrest. The most recent prognosis is that his brain impairment is irreversible. He has also been affected by a Covid-19 outbreak in the hospital care unit where he is being treated, the court heard.
His case came before Mr Justice Richard Humphreys on when the judge was asked by Proinsias Ó Maolchalain, representing the man’s solicitor for interim orders pending a wardship inquiry. The solicitor had petitioned for wardship last month on foot of medical reports obtained by him arising from his concerns about the man’s capacity when the man failed to recognise him during a hospital visit and appeared disorientated.
On Tuesday, the judge agreed to make interim orders appointing Patricia Hickey, general solicitor for wards of court, as guardian of the fortune of the man, who is understood to have substantial assets. The orders, made under the court’s inherent jurisdiction, permit Ms Hickey to deal with aspects of the affairs of the man’s company, including to have him replaced by another director, and allowing her report to the court on proposals for it into the future.
READ MORE
The judge also made orders permitting Ms Hickey to operate the man’s personal bank account for purposes including continuing his private health insurance and maintenance payments.
An independent medical visitor was appointed to carry out a capacity assessment of the man and a guardian ad litem to represent the man’s interests was also appointed.
The judge further directed the Central Bank be put on notice of the matter. Ms Hickey told the judge she had asked a forensic accountant to make inquiries with the bank dealing with the man’s affairs and she required the orders sought to deal with aspects of its affairs so as to preserve its assets and to ensure the company complies with its obligations.
The business, which employs a number of people, appeared to be run as a one-man operation, she said. One priority was to retain the goodwill the man had built up in the business with a view to either keeping it going or perhaps selling it, she added.


theirishtimes--2020-05-05--Aer Lingus to add flights to Belfast-London route to 'reduce load'

Aer Lingus has agreed to put extra flights on its Belfast–London Heathrow service after images emerged of an almost full flight with no apparent evidence of social-distancing measures .
The airline said on Tuesday evening that it had conducted a review of its operation of the route , which identified several ways to reduce pressure on the route .
These will include checking in increased numbers of bags , changes to the boarding procedure , and the cancellation of in-flight services .
“ In order to reduce the operational pressure involved in implementing these measures , Aer Lingus is putting @ @ @ @ @ @ @ day of operation of the service .
The two services will depart at 08.45 and 09.45 on each day of operation .
It is expected that this additional frequency will result in reduced loads on each flight.
” In a statement , the airline said : “ The Belfast–London Heathrow service is provided to maintain a vital air link between Belfast and London and to allow critical workers to travel where required.
” “ The safety and security of Aer Lingus ’ customers and crew is our number-one priority , and these process @ @ @ @ @ @ @ of urgency.
” Meanwhile , the North ’ s health minister Robin Swann has spoken of his shock at the pictures which emerged on Monday of the almost full Aer Lingus flight from Belfast to London .
“ I was shocked at the images of Aer Lingus , ” Mr Swann said .
“ It was as if they were living in a time before Covid-19 , completely oblivious of the regulations and social distancing and guidance that have been enunciated and published by our executive here and the government in Westminster .
@ @ @ @ @ @ @ practice that they were actually carrying out was in any way in keeping with the guidance that we ’ ve been issuing ?
“ I think it ’ s a short , sharp shock to them that they should actually be behaving still in that manner and I would ask them publicly to actually revise that very quickly .
”

Aer Lingus has agreed to put extra flights on its Belfast–London Heathrow service after images emerged of an almost full flight with no apparent evidence of social-distancing measures.
The airline said on Tuesday evening that it had conducted a review of its operation of the route, which identified several ways to reduce pressure on the route.
These will include checking in increased numbers of bags, changes to the boarding procedure, and the cancellation of in-flight services.
“In order to reduce the operational pressure involved in implementing these measures, Aer Lingus is putting on an additional flight frequency on each day of operation of the service. The two services will depart at 08.45 and 09.45 on each day of operation. It is expected that this additional frequency will result in reduced loads on each flight.”
READ MORE
In a statement, the airline said: "The Belfast–London Heathrow service is provided to maintain a vital air link between Belfast and London and to allow critical workers to travel where required."
“The safety and security of Aer Lingus’ customers and crew is our number-one priority, and these process changes are being implemented as a matter of urgency.”
Meanwhile, the North's health minister Robin Swann has spoken of his shock at the pictures which emerged on Monday of the almost full Aer Lingus flight from Belfast to London.
“I was shocked at the images of Aer Lingus,” Mr Swann said. “It was as if they were living in a time before Covid-19, completely oblivious of the regulations and social distancing and guidance that have been enunciated and published by our executive here and the government in Westminster.
“How they could think that the practice that they were actually carrying out was in any way in keeping with the guidance that we’ve been issuing?
“I think it’s a short, sharp shock to them that they should actually be behaving still in that manner and I would ask them publicly to actually revise that very quickly.”


theirishtimes--2020-05-05--Three billion people will be living in ‘near unlivable’ temperatures by 2070

More than three billion people will be living in places with “ near unlivable ” temperatures by 2070 , according to a major study of global heating trends .
Unless greenhouse gas emissions generated by human activity fall , large numbers of people will experience average temperatures across a year hotter than 29 degrees .
Less than 1 per cent of the Earth ’ s surface now endures temperatures averaging 29 degrees .
That heat compares with the narrow 11 to 15 degree range that has supported civilisation , including food and livestock production , over the past 6,000 years @ @ @ @ @ @ @ the journal Proceedings of the National Academy of Sciences .
The researchers used data from United Nations population projections and a 3-degree warming scenario based on the expected global rise in temperature .
A number of studies have previously found that even with countries keeping to Paris climate agreement targets , the world is currently on course for at least a 3-degree rise .
According to the latest study by scientists based in the UK , Denmark , the US and China , human populations are concentrated into narrow climate bands , with @ @ @ @ @ @ @ average temperature is between 11 and 15 degrees .
A smaller number of people live in areas with an average temperature of 20 to 25 degrees .
As much as one third of the world ’ s population will , however , be exposed to Sahara Desert-like heat within half a century if emissions continue to rise at the pace of recent years , they conclude .
The “ narrow climate niche ” that has supported human society would shift more over the next 50 years than it has in the preceding six @ @ @ @ @ @ @ climate mitigation or migration , a substantial part of humanity will be exposed to mean annual temperatures warmer than nearly anywhere today , ” they add .
Dr Xu Chi of Nanjing University told the Sydney Morning Herald : “ We were frankly blown away by our own initial results .
As our findings were so striking , we took an extra year to carefully check all assumptions and computations .
“ Clearly we will need a global approach to safeguard our children against the potentially enormous social tensions the projected change could @ @ @ @ @ @ @ will be India – where many people live in “ already hot places ” – with as many as 1.2 billion people likely to be forced to move if population and warming trends continue .
For Nigeria , the number exposed could be 485 million , he confirmed – the scenario used projected the total populations in India and Nigeria to reach 2.2 billion and 600 million respectively .
While the research extends current population and emissions trends into the future , it excludes impacts from the coronavirus pandemic , and accepts precipitation @ @ @ @ @ @ @ pre-industrial-era conditions , temperatures globally will be about 3 degrees hotter by 2070 .
But as land warms faster than the oceans , the rise for people on average will be about 7.5 degrees , the researchers note .
Should the world adopt strong emissions reductions , however , it would “ substantially reduce the geographical shift in the niche of humans , and would reduce the theoretically needed movement to about 1.5 billion people ” , they add .
The researchers note upheavals among populations – and the ecosystems that support them @ @ @ @ @ @ @ with consequences for climate-driven migration .
“ Migration inevitably causes tension , even now when a relatively modest number of about 250 million people live outside their countries of birth , ” they point out .
One of the researchers , Prof Tim Lenton , director of the Global Systems Institute at the University of Exeter , said : “ The study hopefully puts climate change in more human terms ...
The good news is that these impacts can be greatly reduced if humanity succeeds in curbing global warming .
”

Indian farmers harvesting wheat. As much as one third of the world’s population could be exposed to Sahara Desert-like heat within half a century. Photograph: EPA/Sanjay Baid
More than three billion people will be living in places with “near unlivable” temperatures by 2070, according to a major study of global heating trends.
Unless greenhouse gas emissions generated by human activity fall, large numbers of people will experience average temperatures across a year hotter than 29 degrees. Less than 1 per cent of the Earth’s surface now endures temperatures averaging 29 degrees.
That heat compares with the narrow 11 to 15 degree range that has supported civilisation, including food and livestock production, over the past 6,000 years, according to the research published in the journal Proceedings of the National Academy of Sciences.
The researchers used data from United Nations population projections and a 3-degree warming scenario based on the expected global rise in temperature.
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A number of studies have previously found that even with countries keeping to Paris climate agreement targets, the world is currently on course for at least a 3-degree rise.
According to the latest study by scientists based in the UK, Denmark, the US and China, human populations are concentrated into narrow climate bands, with most people living in places where the average temperature is between 11 and 15 degrees. A smaller number of people live in areas with an average temperature of 20 to 25 degrees.
As much as one third of the world’s population will, however, be exposed to Sahara Desert-like heat within half a century if emissions continue to rise at the pace of recent years, they conclude. The “narrow climate niche” that has supported human society would shift more over the next 50 years than it has in the preceding six millennia, they predict.
“Absent climate mitigation or migration, a substantial part of humanity will be exposed to mean annual temperatures warmer than nearly anywhere today,” they add.
Blown away
Dr Xu Chi of Nanjing University told the Sydney Morning Herald: "We were frankly blown away by our own initial results. As our findings were so striking, we took an extra year to carefully check all assumptions and computations.
“Clearly we will need a global approach to safeguard our children against the potentially enormous social tensions the projected change could invoke.”
Among the most exposed nations will be India – where many people live in "already hot places" – with as many as 1.2 billion people likely to be forced to move if population and warming trends continue.
For Nigeria, the number exposed could be 485 million, he confirmed – the scenario used projected the total populations in India and Nigeria to reach 2.2 billion and 600 million respectively.
While the research extends current population and emissions trends into the future, it excludes impacts from the coronavirus pandemic, and accepts precipitation impacts would be inevitable.
Compared with pre-industrial-era conditions, temperatures globally will be about 3 degrees hotter by 2070. But as land warms faster than the oceans, the rise for people on average will be about 7.5 degrees, the researchers note.
Should the world adopt strong emissions reductions, however, it would “substantially reduce the geographical shift in the niche of humans, and would reduce the theoretically needed movement to about 1.5 billion people”, they add.
Populations
The researchers note upheavals among populations – and the ecosystems that support them – could happen well before 2070, with consequences for climate-driven migration.
“Migration inevitably causes tension, even now when a relatively modest number of about 250 million people live outside their countries of birth,” they point out.
One of the researchers, Prof Tim Lenton, director of the Global Systems Institute at the University of Exeter, said: "The study hopefully puts climate change in more human terms...The good news is that these impacts can be greatly reduced if humanity succeeds in curbing global warming."


theirishtimes--2020-05-05--Coronavirus: Irish donate to hard-hit Native Americans to repay famine aid

A fundraiser to help Native Americans fight one of the worst coronavirus outbreaks in the United States has taken off in Ireland , with donations flooding in to pay tribute to aid from the Choctaw tribe during the famine .
Hundreds of thousands of dollars poured in to the Navajo & Hopi Families Covid-19 Relief Fund since it began to go viral in Ireland , helping it burst through its target of $ 1.5 million ( €1.3 million ) .
The list of donors to the GoFundMe page is dominated by Irish surnames , and many donors left comments to @ @ @ @ @ @ @ Native American aid to Ireland during the Great Hunger .
In 1847 , members of the Choctaw tribe raised $ 170 in famine relief for Ireland , a huge sum for a time when they had very little , as it came after they had been driven from their land in the devastating so-called Trail of Tears .
Many comments on the GoFundMe page referenced the Choctaw donation .
Some read “ Ní neart go cur le chéile ” and others simply “ Ireland remembers ” .
“ 173 years ago , the @ @ @ @ @ @ @ unimaginable generosity , ” wrote donor Michael Foy .
“ I am donating today in memory of our shared past , and to help overcome this crisis together – just as we did nearly two centuries ago.
” Cassandra Begay , a member of the Navajo Nation and one of the team organising the fundraiser , burst into tears as she told The Irish Times of seeing the donations flood in .
“ We noticed that we were getting a lot of donations from Ireland so we were wondering why .
.
.
@ @ @ @ @ @ @ part , ” Ms Begay broke off .
“ And I learned about what the Choctaw did for the Irish people , and it was so beautiful.
” The fundraiser is for food , water , soap and cleaning supplies for those living in the Hopi and Navajo reservations , which span parts of Arizona , Utah , and New Mexico in the southwestern United States .
With a population of 170,000 and 73 confirmed coronavirus deaths , the Navajo Nation has been one of the hardest-hit populations in the US , and @ @ @ @ @ @ @ yet to come .
The community ’ s ability to fight the disease is hampered by poor living conditions on the reservation .
Just 13 grocery stores serve an area larger than the Republic , and the Navajo estimate they have only 170 hospital beds .
A third of homes do not have running water , and the legacy of US uranium mining in the territory to build its nuclear arsenal has left groundwater contaminated , making basic hygiene difficult .
The fundraiser is organised by a group of Native American women who @ @ @ @ @ @ @ up a network of distribution points for food , water , and soap .
The supplies are essential given that 38 per cent of people in the reservation live in poverty , and providing them helps the most vulnerable people to stay protected in their homes .
Ms Begay said the loss of so many older people had been a blow to efforts to pass down tribal languages and traditions .
“ A lot of our elders are passing , and they are like our libraries , ” she said .
“ They @ @ @ @ @ @ @ , practices , they know a lot of our language which is becoming extinct .
So when we lose an elder it is like losing a library of knowledge.
” But the news of the aid arriving from Ireland and the backstory of the Choctaw donation has spread among the community on the reservation , and has been received with great warmth , Ms Begay said .
“ Many of us have never talked to someone who is Irish .
It ’ s been a really difficult time , and to see the @ @ @ @ @ @ @ us has been really heart-warming , especially during this dark time because we have lost a lot of people and it ’ s devastating for our community , ” Ms Begay said .
The Choctaw aid , which is remembered by the Kindred Spirits sculpture by Alex Pentek in Midleton , Cork , is not the only example of solidarity between Irish people and Native Americans in history .
In a mission to drum up support for Irish independence in the US in 1919 , future president Éamon de Valera was made an @ @ @ @ @ @ @ who greeted him as “ a representative of one oppressed nation to another ” , according to a contemporary news report .
Ms Begay said the support from Ireland was vital as she feared the outbreak could worsen as several US states begin to ease restrictions .
“ The donations that we ’ ve received from Ireland are definitely going to save lives and help protect people , ” Ms Begay said .
“ We ’ re going to make sure that money is used to get food and essential supplies and water @ @ @ @ @ @ @ It definitely makes a difference and we will always remember .
”

Monument Valley is home to the Navajo Nation, who have been badly affected by coronavirus. Photograph: Eric Baradat/AFP
A fundraiser to help Native Americans fight one of the worst coronavirus outbreaks in the United States has taken off in Ireland, with donations flooding in to pay tribute to aid from the Choctaw tribe during the famine.
Hundreds of thousands of dollars poured in to the Navajo & Hopi Families Covid-19 Relief Fund since it began to go viral in Ireland, helping it burst through its target of $1.5 million (€1.3 million).
The list of donors to the GoFundMe page is dominated by Irish surnames, and many donors left comments to say they were giving in remembrance of Native American aid to Ireland during the Great Hunger.
In 1847, members of the Choctaw tribe raised $170 in famine relief for Ireland, a huge sum for a time when they had very little, as it came after they had been driven from their land in the devastating so-called Trail of Tears.
READ MORE
‘Ireland remembers’
Many comments on the GoFundMe page referenced the Choctaw donation. Some read "Ní neart go cur le chéile" and others simply "Ireland remembers". "173 years ago, the people of the Choctaw nation showed Ireland unimaginable generosity," wrote donor Michael Foy. "I am donating today in memory of our shared past, and to help overcome this crisis together – just as we did nearly two centuries ago."
Cassandra Begay, a member of the Navajo Nation and one of the team organising the fundraiser, burst into tears as she told The Irish Times of seeing the donations flood in.
“We noticed that we were getting a lot of donations from Ireland so we were wondering why . . . sorry I get emotional talking about this part,” Ms Begay broke off. “And I learned about what the Choctaw did for the Irish people, and it was so beautiful.”
The fundraiser is for food, water, soap and cleaning supplies for those living in the Hopi and Navajo reservations, which span parts of Arizona, Utah, and New Mexico in the southwestern United States.
With a population of 170,000 and 73 confirmed coronavirus deaths, the Navajo Nation has been one of the hardest-hit populations in the US, and authorities fear the peak of infections is yet to come.
The community’s ability to fight the disease is hampered by poor living conditions on the reservation. Just 13 grocery stores serve an area larger than the Republic, and the Navajo estimate they have only 170 hospital beds. A third of homes do not have running water, and the legacy of US uranium mining in the territory to build its nuclear arsenal has left groundwater contaminated, making basic hygiene difficult.
The fundraiser is organised by a group of Native American women who are community organisers, and have set up a network of distribution points for food, water, and soap. The supplies are essential given that 38 per cent of people in the reservation live in poverty, and providing them helps the most vulnerable people to stay protected in their homes.
Extinct
Ms Begay said the loss of so many older people had been a blow to efforts to pass down tribal languages and traditions. “A lot of our elders are passing, and they are like our libraries,” she said. “They carry on a lot of traditional culture, practices, they know a lot of our language which is becoming extinct. So when we lose an elder it is like losing a library of knowledge.”
But the news of the aid arriving from Ireland and the backstory of the Choctaw donation has spread among the community on the reservation, and has been received with great warmth, Ms Begay said.
“Many of us have never talked to someone who is Irish. It’s been a really difficult time, and to see the kindness that the Irish people have extended us has been really heart-warming, especially during this dark time because we have lost a lot of people and it’s devastating for our community,” Ms Begay said.
The Choctaw aid, which is remembered by the Kindred Spirits sculpture by Alex Pentek in Midleton, Cork, is not the only example of solidarity between Irish people and Native Americans in history.
In a mission to drum up support for Irish independence in the US in 1919, future president Éamon de Valera was made an honorary chief by the Ojibwe-Chippewa tribe, who greeted him as “a representative of one oppressed nation to another”, according to a contemporary news report.
Ms Begay said the support from Ireland was vital as she feared the outbreak could worsen as several US states begin to ease restrictions.
“The donations that we’ve received from Ireland are definitely going to save lives and help protect people,” Ms Begay said. “We’re going to make sure that money is used to get food and essential supplies and water to our elders and our families. It definitely makes a difference and we will always remember.”


theirishtimes--2020-05-05--Leaving Cert contingency plans being examined, department says

The Department of Education has confirmed that “ complex ” issues relating to contingency plans for the Leaving Cert are being examined by officials .
However , it says it is still planning for the exams to go ahead on July 29th , subject to public health advice .
Minister for Education Joe McHugh is to attend an advisory group meeting on the exams on Wednesday to review where the department is on “ all scenarios related to the Leaving Cert ” , a department spokesman said .
The department has declined to comment further , but education sources have @ @ @ @ @ @ @ students in the absence of exams is due to be discussed .
The spokesman reiterated the department ’ s position that it is planning for the exams to go ahead at the end of July , with a more detailed announcement in relation to the planning for the exams due next month .
“ The Minister has also made it clear that he wants to see students get at least two weeks of class time , in school , before the Leaving Certificate examinations begin .
That would also have to be based @ @ @ @ @ @ @ said .
“ Meanwhile , work has been continuing on contingency planning around the issues related to the Leaving Certificate .
This detailed work is ongoing and a number of complex issues are being considered.
” An advisory stakeholder group has been meeting twice a week to discuss issues in relation the Leaving Cert in recent times .
Planning for the examinations is still being discussed , including by this group , the spokesman added .
The Irish Times reported on Monday that work around a “ plan B ” was being advanced @ @ @ @ @ @ @ exams could not proceed .
A group representing the parents of secondary school students , meanwhile , has called for information on “ clear alternative options ” to be made available to students and parents .
The National Parents ’ Council Post Primary did not state whether exams should go- ahead or be replaced with an alternative such as predicted grades .
However , it said there is an increasing and unacceptable level of stress and pressure on Leaving Cert students and their families .
It called on Mr McHugh to urgently bring @ @ @ @ @ @ @ Leaving Cert , including timelines and a conclusion date .
The council said it was disappointed with the fact that there was no reference to the Leaving Cert exams in the Government ’ s roadmap for easing restrictions last Friday .
In the absence of being able to confirm the exams will take place , the council said parents are seeking alternative plans “ which take account of other potential scenarios and that will offer alternative routes to completion and a definitive conclusion date for students ” .
It said the disparity of @ @ @ @ @ @ @ across the country is clear and that one solution “ can not and will not offer fairness and equity to all students .

The Department of Education has confirmed that ‘complex’ issues relating to contingency plans for the Leaving Cert are being examined by officials. File photograph: Frank Miller/The Irish Times.
The Department of Education has confirmed that “complex” issues relating to contingency plans for the Leaving Cert are being examined by officials.
However, it says it is still planning for the exams to go ahead on July 29th, subject to public health advice.
Minister for Education Joe McHugh is to attend an advisory group meeting on the exams on Wednesday to review where the department is on “all scenarios related to the Leaving Cert”, a department spokesman said.
The department has declined to comment further, but education sources have said the option of awarding grades to students in the absence of exams is due to be discussed.
READ MORE
The spokesman reiterated the department’s position that it is planning for the exams to go ahead at the end of July, with a more detailed announcement in relation to the planning for the exams due next month.
“The Minister has also made it clear that he wants to see students get at least two weeks of class time, in school, before the Leaving Certificate examinations begin. That would also have to be based on health advice,” the spokesman said.
“Meanwhile, work has been continuing on contingency planning around the issues related to the Leaving Certificate. This detailed work is ongoing and a number of complex issues are being considered.”
An advisory stakeholder group has been meeting twice a week to discuss issues in relation the Leaving Cert in recent times. Planning for the examinations is still being discussed, including by this group, the spokesman added.
‘Plan B’
The Irish Times reported on Monday that work around a “plan B” was being advanced if a decision was reached that the exams could not proceed.
A group representing the parents of secondary school students, meanwhile, has called for information on “clear alternative options” to be made available to students and parents.
The National Parents’ Council Post Primary did not state whether exams should go- ahead or be replaced with an alternative such as predicted grades.
However, it said there is an increasing and unacceptable level of stress and pressure on Leaving Cert students and their families.
It called on Mr McHugh to urgently bring forward options and offer clarity on the Leaving Cert, including timelines and a conclusion date.
The council said it was disappointed with the fact that there was no reference to the Leaving Cert exams in the Government’s roadmap for easing restrictions last Friday.
In the absence of being able to confirm the exams will take place, the council said parents are seeking alternative plans “which take account of other potential scenarios and that will offer alternative routes to completion and a definitive conclusion date for students”.
It said the disparity of facilities and support for Leaving Cert students across the country is clear and that one solution “cannot and will not offer fairness and equity to all students.


theirishtimes--2020-05-05--'I will see the world': One 78-year-old on going out after cocooning

Throughout his 78 years , Sé O Hanlon has done a lot .
He has raced road bikes , climbed mountains in two continents and until recently went rock climbing every week .
But today , as cocooning guidelines are relaxed for the over-70s , he will partially emerge from one of his greatest challenges : “ Without being traumatised , we are all pissed off , ” he says , light-heartedly .
“ I do know people living at home on their own who have strictly obeyed the [ public health ] advice and they are really worn out @ @ @ @ @ @ @ however , there is change .
Even if it is not the Andes or the Himalayas , or even Glendalough , O Hanlon will leave his home Tuesday afternoon for a long cycle – but all within the newly-extended 5km rules .
From his home near Glasnevin in Dublin , O Hanlon will head down the Ballymun Road and onto Collins Avenue , past Dardistown Cemetery near the airport and off into backroads .
Despite the over-70s guidance , O Hanlon did go out for a cycle up to now , while strictly @ @ @ @ @ @ @ concerned , he says , about losing the fitness it would take a man approaching 80 a long time to win back .
“ I continued to do what we were advised not to : take exercise , ” he admits .
“ I couldn ’ t see myself just sitting around the house doing nothing , just gradually deteriorating .
“ [ When out cycling ] you are just completely by yourself .
You are not near anyone .
I decided to rebel against the advice and I went out by myself @ @ @ @ @ @ @ I have been in no one else ’ s company except my son Sean who lives with me , ” said O Hanlon .
These days it is all virtual coffee mornings , and virtual pints on a Thursday night .
Zoom has replaced the outside world .
But he has no problem with the measures taken by Government .
“ There is going to be another challenge now which is going out [ again ] .
It won ’ t be so easy , ” he says .
The rules will relax @ @ @ @ @ @ @ of what you are prepared to do ” .
“ I will be slow to go into shops again .
When we are first told that we can go out and meet , what I will call in this context strangers , I will be thinking about if for a few days.
” But these are problems for another day .
Today , O Hanlon will see only “ the green , green grass again ” when he cycles past fields at the back of the airport .
“ I will see the @ @ @ @ @ @ @ glee .

Sé O'Hanlon, 78, is happy he can get out on his bicycle again with the end of cocooning: "For the first time in weeks, I'm going to see green fields again and a sky with no buildings in it". Video: John Cassidy
Throughout his 78 years, Sé O Hanlon has done a lot. He has raced road bikes, climbed mountains in two continents and until recently went rock climbing every week.
But today, as cocooning guidelines are relaxed for the over-70s, he will partially emerge from one of his greatest challenges: “Without being traumatised, we are all pissed off,” he says, light-heartedly.
“I do know people living at home on their own who have strictly obeyed the [public health] advice and they are really worn out,” he says.
Today, however, there is change . Even if it is not the Andes or the Himalayas, or even Glendalough, O Hanlon will leave his home Tuesday afternoon for a long cycle – but all within the newly-extended 5km rules.
READ MORE
From his home near Glasnevin in Dublin, O Hanlon will head down the Ballymun Road and onto Collins Avenue, past Dardistown Cemetery near the airport and off into backroads .
Despite the over-70s guidance, O Hanlon did go out for a cycle up to now, while strictly obeying social-distancing rules. He was too concerned, he says, about losing the fitness it would take a man approaching 80 a long time to win back.
Sé O Hanlon, 78 from Glasnevin, Dublin going out on his bike. Photograph: Dara Mac Dónaill/The Irish Times
“I continued to do what we were advised not to: take exercise,” he admits. “I couldn’t see myself just sitting around the house doing nothing, just gradually deteriorating.
“[When out cycling] you are just completely by yourself. You are not near anyone. I decided to rebel against the advice and I went out by myself but I obeyed everything else.
“I have been in no one else’s company except my son Sean who lives with me,” said O Hanlon.
These days it is all virtual coffee mornings, and virtual pints on a Thursday night. Zoom has replaced the outside world. But he has no problem with the measures taken by Government.
“There is going to be another challenge now which is going out [again]. It won’t be so easy,” he says. The rules will relax “but there is always the question of what you are prepared to do”.
“I will be slow to go into shops again. When we are first told that we can go out and meet, what I will call in this context strangers, I will be thinking about if for a few days.”
But these are problems for another day. Today, O Hanlon will see only “the green, green grass again” when he cycles past fields at the back of the airport.
“I will see the world,” he says, with glee.


theirishtimes--2020-05-05--Man (75) roughed up and locked in room during Cork burglary

Gardaí in Cork have appealed for assistance in tracking down a couple who broke into a 75-year-old man ’ s home , roughed him up and locked him in a room before stealing cash and valuables .
The incident happened at on Bull ’ s Lane , a cul-de sac near Ashton Comprehensive School on the Blackrock Road on Cork ’ s southside , between 8pm on Friday and 6.30am on Saturday .
The couple forced their way through the back door and woke the man before taking him from his bed in an upstairs room and demanding cash .
@ @ @ @ @ @ @ they hit him on his head and body .
The man , who lives alone , suffered cuts and bruises to his face and arms during the burglary and ended up locked in his room .
The burglars made off with a small amount of cash , a mobile phone , a watch and his bank card .
The man remained locked in his room until around lunchtime on Saturday when his sister heard him shouting for help while delivering him lunch .
She alerted gardaí who helped to free the man before @ @ @ @ @ @ @ The scene was cordoned off to allow Garda technical experts to carry out a forensic examination of the scene .
Gardaí made door to door inquiries in the area to see if anyone noticed any suspicious activity around the time of the break-in .
Gardaí are also begun examining CCTV footage from the Blackrock Road , Old Blackrock Road , Victoria Road and Victoria Avenue areas in the hope of finding footage which could help them identify the culprits .
Any motorists who were in the area between 8pm on Friday and 6.30am @ @ @ @ @ @ @ cam footage are asked to contact Blackrock Garda station on ( 021 ) 4536690 .

Gardaí in Cork have appealed for assistance in tracking down a couple who broke into a 75-year-old man’s home, roughed him up and locked him in a room before stealing cash and valuables
Gardaí in Cork have appealed for assistance in tracking down a couple who broke into a 75-year-old man’s home, roughed him up and locked him in a room before stealing cash and valuables.
The incident happened at on Bull's Lane, a cul-de sac near Ashton Comprehensive School on the Blackrock Road on Cork's southside, between 8pm on Friday and 6.30am on Saturday.
The couple forced their way through the back door and woke the man before taking him from his bed in an upstairs room and demanding cash. When the man challenged the couple, they hit him on his head and body.
The man, who lives alone, suffered cuts and bruises to his face and arms during the burglary and ended up locked in his room. The burglars made off with a small amount of cash, a mobile phone, a watch and his bank card.
READ MORE
The man remained locked in his room until around lunchtime on Saturday when his sister heard him shouting for help while delivering him lunch. She alerted gardaí who helped to free the man before he was treated for his injuries.
The scene was cordoned off to allow Garda technical experts to carry out a forensic examination of the scene. Gardaí made door to door inquiries in the area to see if anyone noticed any suspicious activity around the time of the break-in.
Gardaí are also begun examining CCTV footage from the Blackrock Road, Old Blackrock Road, Victoria Road and Victoria Avenue areas in the hope of finding footage which could help them identify the culprits.
Any motorists who were in the area between 8pm on Friday and 6.30am on Saturday who may have relevant dash cam footage are asked to contact Blackrock Garda station on (021) 4536690.


theirishtimes--2020-05-05--SDLP politician John Dallat dies aged 73

Tributes have been paid to the veteran SDLP politician John Dallat , who has died aged 73 .
The first nationalist mayor of Coleraine , Co Derry , Mr Dallat had been an MLA since 1998 and served as deputy speaker at Stormont .
He had been diagnosed with cancer last year .
The North ’ s first minister Arlene Foster said she was “ deeply saddened ” to learn of his death .
“ We came from very different political outlooks but he was always to the fore in speaking up for his constituents , ” she said .
@ @ @ @ @ @ @ his wife Pat said he had been a “ loyal friend ” and a “ loyal and faithful servant to the SDLP and the ideals for which the party stood for ” .
“ During a distinguished political career , he was always on the side of the underdog , defending those who were disadvantaged and standing strong against violence , sectarianism and unfairness in society.
” “ In difficult times , John never flinched in doing what was right for his community and his country , ” they said .
The SDLP @ @ @ @ @ @ @ “ fierce and forensic champion of people and the public interest , as well as a good and loyal man ” who would be remembered for his defence of the public purse as chair of Stormont ’ s Public Accounts Committee ( PAC ) , and for his famous good humour .
“ For over 45 years he was the most loyal servant to the people of East Derry and a fierce friend to everyone in the SDLP , ” Mr Eastwood said .
“ I know I speak for everyone in the @ @ @ @ @ @ @ and wise advice will be sorely missed .
“ John entered public life at a time and in a place when it was difficult to be an SDLP representative .
I know that , despite his tough exterior , he was often hurt when the hand of friendship he extended across the sectarian divide in the late 70s and early 80s on Coleraine Council wasn ’ t always accepted .
But it never stopped him trying and only strengthened his life-long resolve to oppose violence and its supporters , ” he said .
@ @ @ @ @ @ @ Dallat was a business studies teacher at Carndonagh Technical College , Co Donegal from 1968 to 1974 and St Paul ’ s College , Kilrea from 1975 until 1998 .
He was councillor on Coleraine Borough Council from 1977-2010 and in 2001 became the town ’ s first nationalist mayor .
He was elected to the Northern Ireland Assembly in 1998 and represented East Derry as an MLA until his retirement in 2016 , but stood again in 2017 and was re-elected .
The East Derry MP Gregory Campbell was among those who @ @ @ @ @ @ @ s family and colleagues .
“ John and I fought many elections as rivals , ” he said .
“ Our two approaches to constitutional politics were different but today I pay tribute to his work as an advocate for his electorate in East Londonderry .
“ At a time when being in the political spotlight placed not only our lives but also our families ’ lives in danger , John didn ’ t step back .
Today , my thoughts are with John ’ s family and all those who are grieving.
@ @ @ @ @ @ @ ’ Neill said she was very sorry to learn of Mr Dallat ’ s passing , and her thoughts were with his family and SDLP colleagues .
The UUP leader Steve Aiken said Mr Dallat had “ diligently represented the people of East Londonderry both in the Assembly and on the old Coleraine Borough Council – to which he was first elected in 1977 – and this length of public service is itself a remarkable tribute.
” Mr Dallat is survived by his wife Anne , his children Helena , Ronan , and @ @ @ @ @ @ @

Tributes have been paid to the veteran SDLP politician John Dallat, who has died aged 73.
The first nationalist mayor of Coleraine, Co Derry, Mr Dallat had been an MLA since 1998 and served as deputy speaker at Stormont.
He had been diagnosed with cancer last year.
The North's first minister Arlene Foster said she was "deeply saddened" to learn of his death. "We came from very different political outlooks but he was always to the fore in speaking up for his constituents," she said.
READ MORE
The former SDLP leader John Hume and his wife Pat said he had been a "loyal friend" and a "loyal and faithful servant to the SDLP and the ideals for which the party stood for".
“During a distinguished political career, he was always on the side of the underdog, defending those who were disadvantaged and standing strong against violence, sectarianism and unfairness in society.”
“In difficult times, John never flinched in doing what was right for his community and his country,” they said.
'Loyal man'
The SDLP leader Colum Eastwood described him as a "fierce and forensic champion of people and the public interest, as well as a good and loyal man" who would be remembered for his defence of the public purse as chair of Stormont's Public Accounts Committee (PAC), and for his famous good humour.
“For over 45 years he was the most loyal servant to the people of East Derry and a fierce friend to everyone in the SDLP,” Mr Eastwood said. “I know I speak for everyone in the party when I say his good humour and wise advice will be sorely missed.
“John entered public life at a time and in a place when it was difficult to be an SDLP representative. I know that, despite his tough exterior, he was often hurt when the hand of friendship he extended across the sectarian divide in the late 70s and early 80s on Coleraine Council wasn’t always accepted. But it never stopped him trying and only strengthened his life-long resolve to oppose violence and its supporters,” he said.
From Kilrea, Co Derry, Mr Dallat was a business studies teacher at Carndonagh Technical College, Co Donegal from 1968 to 1974 and St Paul's College, Kilrea from 1975 until 1998.
He was councillor on Coleraine Borough Council from 1977-2010 and in 2001 became the town's first nationalist mayor.
He was elected to the Northern Ireland Assembly in 1998 and represented East Derry as an MLA until his retirement in 2016, but stood again in 2017 and was re-elected.
The East Derry MP Gregory Campbell was among those who sent his condolences to Mr Dallat's family and colleagues.
“John and I fought many elections as rivals,” he said. “Our two approaches to constitutional politics were different but today I pay tribute to his work as an advocate for his electorate in East Londonderry.
“At a time when being in the political spotlight placed not only our lives but also our families’ lives in danger, John didn’t step back. Today, my thoughts are with John’s family and all those who are grieving.”
The Sinn Féin leader Michelle O’Neill said she was very sorry to learn of Mr Dallat’s passing, and her thoughts were with his family and SDLP colleagues.
The UUP leader Steve Aiken said Mr Dallat had "diligently represented the people of East Londonderry both in the Assembly and on the old Coleraine Borough Council – to which he was first elected in 1977 – and this length of public service is itself a remarkable tribute."
Mr Dallat is survived by his wife Anne, his children Helena, Ronan, and Diarmuid and by his eight grandchildren.


theirishtimes--2020-05-05--Coronavirus: Calls for ‘transparent’ testing strategy for direct provision system

A transparent Covid-19 testing strategy is urgently needed across direct provision centres to stem the spread of the coronavirus among asylum seekers , the Irish Refugee Council has said .
The warning follows reports that dozens of asylum seekers living at the Balseskin direct provision centre in north Co Dublin have been moved to self-isolation facilities after testing positive for Covid-19 .
Balseskin is used to house asylum seekers when they first arrive in Ireland .
Most only spend a few weeks in the centre before being relocated to other parts of the State , but people with chronic health @ @ @ @ @ @ @ to have access to Dublin hospitals .
Dr Lucy Michael , of Fingal Communities Against Racism , said residents had reported nearly 100 people testing positive for the virus at the centre and that they were moved to a Dublin hotel on Saturday .
“ The lack of information given to residents and uncertainty about the conditions they are going to and the confinement they will experience is causing huge levels of fear and even trauma among residents , ” Dr Michael said .
She added that the State ’ s response to @ @ @ @ @ @ @ , particularly during the pandemic , had been “ wholly inadequate ” .
It is understood that 22 residents at the former Skellig Star Hotel in Cahersiveen , Co Kerry tested positive for the virus last week while a further 20 people currently being house in Dublin ’ s Central Hotel on Exchequer Street also tested positive .
Nick Henderson , chief executive of the Irish Refugee Council , said he was “ extremely worried ” about the spread of the virus in centres , and that the Government and HSE have a @ @ @ @ @ @ @ they can self-isolate .
While Irish society may be starting to lift restrictions and re-open the economy , people in direct provision continue to live in congregated settings “ which makes them more exposed to the disease , ” he said .
“ We need a testing strategy for direct provision that is transparent and published with public health information behind it.
” A spokesman for the Department of Justice said testing among almost all residents and staff at Balseskin had been carried out by the HSE and that any person with a @ @ @ @ @ @ @ offsite self-isolation facility ” .
“ Some of our residents may be accommodated in the HSE national self-isolation facility in City West , ” he said , adding that the HSE would choose the appropriate location based on the medical needs of the individual .
Balseskin has capacity for 537 people but numbers were reduced to around 350 following the outbreak of the pandemic to enable social distancing .
The department spokesman would not confirm how many people had tested positive for the virus but said there were currently 290 residents at Balseskin @ @ @ @ @ @ @ week .
On April 30th , the HSE said 62 people in direct provision had contracted the virus with nine clusters and 11 people requiring hospitalisation .
Asked for an updated figure on cases among asylum seekers , a HSE spokeswoman said the official figure was still 62 .

A transparent Covid-19 testing strategy is urgently needed across direct provision centres to stem the spread of the coronavirus among asylum seekers, the Irish Refugee Council has said. File photograph: Alan Betson/The Irish Times.
A transparent Covid-19 testing strategy is urgently needed across direct provision centres to stem the spread of the coronavirus among asylum seekers, the Irish Refugee Council has said.
The warning follows reports that dozens of asylum seekers living at the Balseskin direct provision centre in north Co Dublin have been moved to self-isolation facilities after testing positive for Covid-19.
Balseskin is used to house asylum seekers when they first arrive in Ireland. Most only spend a few weeks in the centre before being relocated to other parts of the State, but people with chronic health conditions often spend longer at the centre to have access to Dublin hospitals.
Dr Lucy Michael, of Fingal Communities Against Racism, said residents had reported nearly 100 people testing positive for the virus at the centre and that they were moved to a Dublin hotel on Saturday.
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“The lack of information given to residents and uncertainty about the conditions they are going to and the confinement they will experience is causing huge levels of fear and even trauma among residents,” Dr Michael said.
She added that the State’s response to calls for own-door accommodation for asylum seekers, particularly during the pandemic, had been “wholly inadequate”.
Co Kerry hotel
It is understood that 22 residents at the former Skellig Star Hotel in Cahersiveen, Co Kerry tested positive for the virus last week while a further 20 people currently being house in Dublin's Central Hotel on Exchequer Street also tested positive.
Nick Henderson, chief executive of the Irish Refugee Council, said he was “extremely worried” about the spread of the virus in centres, and that the Government and HSE have a responsibility to move people to accommodation where they can self-isolate.
While Irish society may be starting to lift restrictions and re-open the economy, people in direct provision continue to live in congregated settings “which makes them more exposed to the disease,” he said.
“We need a testing strategy for direct provision that is transparent and published with public health information behind it.”
Transferred
A spokesman for the Department of Justice said testing among almost all residents and staff at Balseskin had been carried out by the HSE and that any person with a positive result was “transferred to an offsite self-isolation facility”.
“Some of our residents may be accommodated in the HSE national self-isolation facility in City West,” he said, adding that the HSE would choose the appropriate location based on the medical needs of the individual.
Balseskin has capacity for 537 people but numbers were reduced to around 350 following the outbreak of the pandemic to enable social distancing.
The department spokesman would not confirm how many people had tested positive for the virus but said there were currently 290 residents at Balseskin and that testing would be completed this week.
On April 30th, the HSE said 62 people in direct provision had contracted the virus with nine clusters and 11 people requiring hospitalisation.
Asked for an updated figure on cases among asylum seekers, a HSE spokeswoman said the official figure was still 62.


theirishtimes--2020-05-05--Covid-19 payment to former J1 students may affect ability to return to US

Former J1 students have received emergency Covid-19 payments from the US government which if not rectified could threaten their ability to return to the country , a tax advisory company has said .
The situation potentially affects thousands of people who held the popular summer travel visas as well as international students .
The service website taxback.com said it had become aware of the error from its education and visa partners and warned that those affected must ensure they are tax compliant “ if you want to go to the States again ” .
A spokeswoman told the Irish Times @ @ @ @ @ @ @ during a visa application process for entering the country .
It is unclear how many Irish recipients there have been of the one-off $ 1,200 ( €1,100 ) payment but that the issue is “ relatively widespread ” according to the company .
Payments are deposited in bank accounts as part of the US Cares ( Coronavirus Aid , Relief and Economic Security ) Act , a stimulus package designed to support workers earning less than $ 75,000 ( €69,100 ) per year during the pandemic .
According to taxback.com approximately 14,000 J1 @ @ @ @ @ @ @ 2018/2019 and approximately 1,000 visas to study in the country .
“ This issue is relatively widespread and could have further ramifications for those looking to travel to the US in the future , ” it said .
The spokeswoman added that it had been “ inundated with questions from people who discovered they received the payment in error ” and that in the last week it had assisted in preparing more than a thousand returns .
In the coming weeks , paper cheques are also expected to be issued to US addresses @ @ @ @ @ @ @ The Union of Students Ireland ( USI ) has advised anyone who had J1s in the period to ensure they are not affected .
The Internal Revenue Service ( IRS ) , the US tax authority , did not immediately respond to requests for comment .
Laura Mc Hugh , marketing manager at taxback.com , said it had been receiving queries from concerned parties regarding non-residents receiving the payment .
“ In the last week people are finding funds in their US bank accounts and are questioning why they are there , ” @ @ @ @ @ @ @ Tuesday .
“ While this has come to the attention of some former students and J1-ers , we are advising the thousands of others that could be affected to check their US bank account , which may now be dormant , to see if they have received this payment.
” According to the company , those entitled to the payment include permanent residents , and residents for tax purposes who have a Social Security Number ( SSN ) and who have filed their 2018 tax return in 2019 , or their 2019 return @ @ @ @ @ @ @ are not eligible .
Ms McHugh explained that it is not uncommon for J1-visa holders who have spent a summer in the US to mistakenly file their tax return as a resident , an error that may lead to the Covid payment being automatically lodged in their account .
“ Anyone who finds themselves in this situation should act to rectify it in two ways - firstly , by sending an email to the IRS to flag receipt of the payment and by refunding the money to the IRS ( Internal Revenue Service @ @ @ @ @ @ @ situation for students who had been studying in the country during 2018 and 2019 was less clear with further directions required from the IRS .
“ Whether the IRS will look to recoup this money in the coming months remains to be seen , though there is precedence for this , ” Ms McHugh said .

According to Taxback.com approximately 14,000 J1 visas were issued to Irish people in 2018/2019 and approximately 1,000 visas to study in the country.
Former J1 students have received emergency Covid-19 payments from the US government which if not rectified could threaten their ability to return to the country, a tax advisory company has said.
The situation potentially affects thousands of people who held the popular summer travel visas as well as international students.
The service website taxback.com said it had become aware of the error from its education and visa partners and warned that those affected must ensure they are tax compliant “if you want to go to the States again”.
A spokeswoman told the Irish Times that such tax issues would be raised during a visa application process for entering the country.
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It is unclear how many Irish recipients there have been of the one-off $1,200 (€1,100) payment but that the issue is “relatively widespread” according to the company.
Payments are deposited in bank accounts as part of the US Cares (Coronavirus Aid, Relief and Economic Security) Act, a stimulus package designed to support workers earning less than $75,000 (€69,100) per year during the pandemic.
According to taxback.com approximately 14,000 J1 visas were issued to Irish people in 2018/2019 and approximately 1,000 visas to study in the country.
“This issue is relatively widespread and could have further ramifications for those looking to travel to the US in the future,” it said.
The spokeswoman added that it had been “inundated with questions from people who discovered they received the payment in error” and that in the last week it had assisted in preparing more than a thousand returns.
In the coming weeks, paper cheques are also expected to be issued to US addresses where J1 students no longer live.
The Union of Students Ireland (USI) has advised anyone who had J1s in the period to ensure they are not affected.
The Internal Revenue Service (IRS), the US tax authority, did not immediately respond to requests for comment.
How to rectify
Laura Mc Hugh, marketing manager at taxback.com, said it had been receiving queries from concerned parties regarding non-residents receiving the payment.
“In the last week people are finding funds in their US bank accounts and are questioning why they are there,” she said in a statement issued on Tuesday.
“While this has come to the attention of some former students and J1-ers, we are advising the thousands of others that could be affected to check their US bank account, which may now be dormant, to see if they have received this payment.”
According to the company, those entitled to the payment include permanent residents, and residents for tax purposes who have a Social Security Number (SSN) and who have filed their 2018 tax return in 2019, or their 2019 return in 2020. However, non-resident aliens are not eligible.
Ms McHugh explained that it is not uncommon for J1-visa holders who have spent a summer in the US to mistakenly file their tax return as a resident, an error that may lead to the Covid payment being automatically lodged in their account.
“Anyone who finds themselves in this situation should act to rectify it in two ways - firstly, by sending an email to the IRS to flag receipt of the payment and by refunding the money to the IRS (Internal Revenue Service),” she said.
The situation for students who had been studying in the country during 2018 and 2019 was less clear with further directions required from the IRS.
“Whether the IRS will look to recoup this money in the coming months remains to be seen, though there is precedence for this,” Ms McHugh said.


theirishtimes--2020-05-05--Court puts stay on order quashing permission for windfarm development

The Supreme Court has put a conditional stay on an order overturning permission for a wind farm development in Co Cork .
The stay applies until An Bord Pleanála has decided the developer ’ s application for a substitute planning consent , made after the court found an earlier permission from the board was invalid .
The stay is conditional on the developer not carrying out any further works on the development pending the board ’ s decision .
Because the invalidity of the permission and need for the substitute consent application was “ entirely due to a flawed procedure @ @ @ @ @ @ @ was a strong case for expediting the substitute consent procedure so far as possible , Mr Justice Donal O ’ Donnell said .
Klaus Balz and Hanna Heubach brought the judicial review challenge over their concerns about the impact of the proposed 11-turbine development by Cleanrath Wind Farm Ltd close to their home at Bear na Gaoithe , where they operate a horticultural business .
Last December , a five-judge Supreme Court found the board ’ s permission was invalid because the board had erred in failing to consider submissions from the couple @ @ @ @ @ @ @ turbines .
The couple had argued the Wind Energy Development Guidelines 2006 were out of date and their revision had been proposed in a 2013 consultation document of the Department of the Environment .
The Supreme Court held that an evidence-based submission that statutory guidelines still in force are out of date was not an irrelevant planning consideration and the board should have addressed that submission and given reasons for not accepting it .
After that judgment , the matter was adjourned to allow the sides make submissions on consequential orders , including @ @ @ @ @ @ @ the board for reconsideration .
Cleanrath opposed remittal and instead applied immediately to the board for leave to seek substitute consent for the development .
A decision on that application was anticipated early this month but may be delayed by the Covid-19 pandemic .
Having heard submissions during a remote hearing on April 24th on consequential orders , the court ruled on those and , in a judgment delivered electronically on Tuesday , gave its reasons for its ruling .
Giving the judgment , Mr Justice O ’ Donnell noted the sides clashed @ @ @ @ @ @ @ on an order quashing permission and on works to progress the development .
The developer had provided “ limited ” evidence to support its claims that refusing a stay on the finding the permission was invalid would have “ catastrophic ” consequences for its eligibility for the State ’ s Refit2 support scheme for renewable energy generation , he said .
It also provided “ tenuous ” evidence to support the alleged necessity for completing , after the December judgment , one turbine and allowing the wind farm to be commissioned .
It @ @ @ @ @ @ @ decided to “ press on ” in the belief it would be in a stronger position in fact and perhaps in law if it did so .
While the developer was undoubtedly frustrated after two permissions of the board had been overturned , windfarms are substantial developments , he said .
“ Substantial enterprises should be expected to respect the adjudications of the court.
” Taking the developer at its word , its primary concern was that refusing a stay on the decision quashing permission could lead to it losing eligibility under the @ @ @ @ @ @ @ , the couple would not be directly affected whether or not the developer got access to the Refit2 scheme .
Balancing the competing factors , the court would stay its order quashing permission pending the substitute consent decision on condition the developer undertake not to operate the windfarm pending the board decision , he said .
The developer had not adduced sufficient , if any , evidence of the need to grant a stay allowing works on the windfarm continue pending that decision but the continued operation of the windfarm does affect the @ @ @ @ @ @ @ , even if the developer contends that adjustments it has made may reduce the impact of the noise at their dwelling .

The Supreme Court has put a conditional stay on an order overturning permission for a wind farm development in Co Cork.
The stay applies until An Bord Pleanála has decided the developer’s application for a substitute planning consent, made after the court found an earlier permission from the board was invalid.
The stay is conditional on the developer not carrying out any further works on the development pending the board’s decision.
Because the invalidity of the permission and need for the substitute consent application was “entirely due to a flawed procedure adopted by the board”, there was a strong case for expediting the substitute consent procedure so far as possible, Mr Justice Donal O’Donnell said.
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Klaus Balz and Hanna Heubach brought the judicial review challenge over their concerns about the impact of the proposed 11-turbine development by Cleanrath Wind Farm Ltd close to their home at Bear na Gaoithe, where they operate a horticultural business.
Last December, a five-judge Supreme Court found the board’s permission was invalid because the board had erred in failing to consider submissions from the couple concerning developing knowledge about noise impact from turbines. The couple had argued the Wind Energy Development Guidelines 2006 were out of date and their revision had been proposed in a 2013 consultation document of the Department of the Environment.
The Supreme Court held that an evidence-based submission that statutory guidelines still in force are out of date was not an irrelevant planning consideration and the board should have addressed that submission and given reasons for not accepting it.
After that judgment, the matter was adjourned to allow the sides make submissions on consequential orders, including whether the matter should be remitted to the board for reconsideration.
Cleanrath opposed remittal and instead applied immediately to the board for leave to seek substitute consent for the development. A decision on that application was anticipated early this month but may be delayed by the Covid-19 pandemic.
Having heard submissions during a remote hearing on April 24th on consequential orders, the court ruled on those and, in a judgment delivered electronically on Tuesday, gave its reasons for its ruling.
Giving the judgment, Mr Justice O’Donnell noted the sides clashed over whether the court should grant stays on an order quashing permission and on works to progress the development.
The developer had provided “limited” evidence to support its claims that refusing a stay on the finding the permission was invalid would have “catastrophic” consequences for its eligibility for the State’s Refit2 support scheme for renewable energy generation, he said.
It also provided “tenuous” evidence to support the alleged necessity for completing, after the December judgment, one turbine and allowing the wind farm to be commissioned. It was difficult to avoid concluding the developer decided to “press on” in the belief it would be in a stronger position in fact and perhaps in law if it did so.
While the developer was undoubtedly frustrated after two permissions of the board had been overturned, windfarms are substantial developments, he said. “Substantial enterprises should be expected to respect the adjudications of the court.”
Taking the developer at its word, its primary concern was that refusing a stay on the decision quashing permission could lead to it losing eligibility under the Refit2 scheme. On the other side, the couple would not be directly affected whether or not the developer got access to the Refit2 scheme.
Balancing the competing factors, the court would stay its order quashing permission pending the substitute consent decision on condition the developer undertake not to operate the windfarm pending the board decision, he said.
The developer had not adduced sufficient, if any, evidence of the need to grant a stay allowing works on the windfarm continue pending that decision but the continued operation of the windfarm does affect the couple in “a real way”, even if the developer contends that adjustments it has made may reduce the impact of the noise at their dwelling.