theirishtimes--2020-10-19--Covid-19 restrictions: Government considering 10km travel limit, reduced off-licence hours

The Government is due to announce travel restrictions as part of increased measures to combat the spread of coronavirus in Ireland , with one option being the implementation of a 10km limit for households .
The Cabinet sub-committee is currently meeting in Government Buildings ahead of a full Cabinet meeting at 4pm .
A formal announcement of new restrictions is expected to be made later this evening .
Senior sources said it is now highly likely that people will be asked to stay within 10km of their home as Ministers believe it is one of most effective restrictions for halting @ @ @ @ @ @ @ Government is also considering curbs on off-licence hours as part of the escalation in measures .
A closing time of 8pm has been suggested to bring Ireland in line with existing restrictions in the North .
It is likely that the new measures will come into force in the middle of the week to give the public time to adapt .
Non-essential retail is likely to be closed again in light of the increasing number of Covid-19 cases , a move which a representatives have said would be a “ massive blow ” @ @ @ @ @ @ @ on Sunday night that the Government will agree to “ Level 4-plus ” restrictions for the entire country for a period of three to four weeks .
Under Level 4-plus , it is understood that only essential retail and primarily outdoor businesses are permitted to open , visitors to homes and gardens will be banned and no organised indoor gatherings will be permitted .
It is also understood that schools are likely to remain open , there will be no matches , except for elite sport , and pubs and restaurants are permitted @ @ @ @ @ @ @ of 15 outdoor diners .
Members of the public will also be requested to stay within county except for work/education/other essential purposes .
Sources say that while most of the retail sector and other non-essential business will have to close , there are some issues still to be decided by Cabinet .
Among these is what happens to the construction sector , most of which may be allowed to continue to operate , along with most of the manufacturing sector .
While the bulk of non-food retail outlets are expected to close , @ @ @ @ @ @ @ centres and other outdoor businesses and possibly some areas seen as lower risk , including car showroom .
The Government will also be conscious that shutting down car sales would also affect VRT revenue .
There is also likely to be Cabinet discussions on whether outdoor dining for restaurants can continue with the restrictions currently in place to help the hospitality sector .
Minister of State Colm Brophy said it was important to get any decision on new restrictions right , adding that it was important to get balance right between public health @ @ @ @ @ @ @ ’ s Today with Claire Byrne , Mr Brophy said Level 3 wasn ’ t delivering a sufficient reduction in numbers .
He said he thinks the GAA championship should go ahead if it can be done safely as people need something positive in their lives .
He added , that as a former business owner , he believes restrictions are necessary , “ fundamentally ” people ’ s health and lives are the most important thing , he said .
Minister of State for European Affairs Thomas Byrne told RTÉ Radio One @ @ @ @ @ @ @ to do everything possible to protect lives and livelihoods .
However , Retail Ireland , the Ibec group that represents the Irish retail sector , said many businesses are relying on the Christmas trading period to survive .
It called on the Government to “ set out ” the risk assessment which informed the decision .
Retail Excellence , the largest retail body in Ireland , said closure would have a “ devastating impact ” on the sector , adding that “ we can not shut the industry at this time of year @ @ @ @ @ @ @ are at risk in addition to the 30,000 that have already been lost in the industry , ” the body said .
Adrian Cummins , chief executive of the Restaurants Association of Ireland , said an increase in restrictions would be a “ huge blow ” for the sector over the next four weeks .
“ Focus now must be on getting open for Christmas , ” he said on Twitter .
The Independent Gym Owners Ireland started a petition six days ago calling on policymakers to move gyms to essential services for @ @ @ @ @ @ @ of Irish people .
Under Level 4 , gyms would be closed .
However the petition , which had almost 27,000 signatories on Monday morning , said closing gyms would “ affect many people mentally and physically and cause long-lasting effects for people , families and their loved ones ” .
The Opposition has called for additional supports to be made available for those affected by any further public health measures .
Sinn Féin leader Mary Lou McDonald said offering State supports during increased restrictions is a very direct way to build social @ @ @ @ @ @ @ we are all in this together ” .
Speaking on RTÉ ’ s Morning Ireland , she said that the people who are going to really struggle would like to see the pandemic unemployment payment and wage subsidies restored fully .
Meanwhile , any move to keep schools open is likely to result in some concern from teaching unions , due to the risk of Covid-19 to its members .
The Irish National Teachers ’ Organisation said it is “ growing increasingly concerned ” that public health precautions for teachers are “ inadequate @ @ @ @ @ @ @ to keep schools open must be met with a firm commitment to keep schools safe , ” it said .
The Association of Secondary Teachers Ireland said at the weekend that teachers are feeling “ fear and trepidation ” about the prospect of schools remaining open while Level 5 restrictions are in place .
Last week , the National Public Health Emergency Team called for the State to move to the highest point on the alert plan , Level 5 , for a period of six weeks , in light of what it @ @ @ @ @ @ @ infection .
It is expected that Government will reject some of this advice and instead opt for Level 4-plus , for up to four weeks , after which the situation would be reassessed .

Taoiseach Micheál Martin has announced that the entire country will move to level 5 for a period of six weeks. The new restrictions will take effect at midnight on Wednesday and remain in place until December 1. Video: RTE
The Government has announced Level 5 restrictions across the State for six weeks from Wednesday night/ Thursday morning at midnight until December 1st in a bid to curtail the spread of Covid-19. The Taoiseach said the Government intends that the country will go into Level 3 when the new period of restrictions expires.
As part of the restrictions the public will be asked to stay within 5km of their home and there will be penalties for breaches. There are some exceptions such as medical reasons and essential work.
However it is a soft version of Level 5 with schools and creches to remain open, non-contact training for children in pods of up to 15 and elite level sport including inter-county Gaelic games behind closed doors as well as weddings for up to 25 guests.
Hospital Report
Do you think your business will be able to survive further restrictions in the coming weeks or months? What impact could it have on your income, your company’s finances, and you personally? Photograph: Getty Images
Social bubble
Mr Martin announced a social bubble measure would allow people parenting alone or living alone to pair with one other household.
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The Cabinet also decided that people will be allowed to meet outdoors with one other household. Under the original Level 5 plan no social or family gatherings should take place in other settings. The construction and manufacturing sectors will be allowed to continue to operate under the measures.
Taoiseach Micheál Martin said if people “pulled together over the next six weeks we will have the opportunity to celebrate Christmas in a meaningful way.”
If we all pull together, and follow the spirit of these new rules, it [CHRISTMAS]will be a very special time, and give us all some respite from the hardship of the last seven months.”
“Our journey through the coming weeks and months will not be easy, but our future is in our hands. It isn’t easy, but we must each dig deep within ourselves. We must persevere and we must be resilient.”
A key factor in the Government decision was that the Nphet letter indicated that a three week lockdown would not control the virus for long, but that the virus would largely be supressed for the month of December following a six week lockdown.
The Government considered proposals to lift restrictions county by county depending on the performance of the virus. Under Level 5 no visitors to private homes are permitted. Bars, cafes, restaurants and wet pubs can only offer takeaway or delivery. Only essential retail outlets are allowed to stay open. All other retail and personal services will close.
Asked if he could guarantee that schools would be kept open, Mr Martin said that “nobody can guarantee anything in life… but we will do everything we possibly can.” He said that the advice from Nphet was that schools are seeing very low transmission rates and that they are “safe places”. However teachers’ unions have expressed concern over the Government’s decision to keep schools open.
Senior Government sources said the decision to recommend such strict measures was “very depressing” but significant interventions were needed if the public were to return to safe behaviours.
Pandemic Unemployment Payment
A six week period of Level 5 restrictions will cost the Exchequer in the region of €1.5 billion, and cost around 150,000 jobs, the Tánaiste said. Due to the higher level of restrictions, the Cabinet has decided to introduce a €350 Pandemic Unemployment Payment (PUP), for those who had been earning more than €400 per week. This is a new band is being introduced, rather than the blanket payment being reintroduced. Existing PUP recipients who earned more than €400 are to have their rates automatically increased to €350.
The Government has also agreed to overhaul the Employment Wage Subsidy Scheme. Under the scheme employers impacted by Covid-19 whose turnover has fallen by more than 30 per cent get a flat-rate subsidy based on the number of qualifying employees on the payroll.
The scheme will be expanded from three bands to five bands in order to help businesses retain as many staff as possible in light of tightened restrictions.
Under the existing scheme there are three weekly payment bands benefiting just below 350,000 employees as follows: € 0 for those earning less than €151, a €151 payment for those earning between €151 to €203 and €203 For those earning €203 to €1,462.
Under the new scheme there will be five bands the highest of which will see employers paid €350 for those earning between €400 to €1462. There will be a €300 payment for those earning between €300 to €400. There will be a €250 payment for those earning between €203 and €300. There will be a €203 payment for those earning between €151 to €203. This revised scheme will run to end January 2021,
The Government is also to introduce disability day care and addiction services supports, and a mental health package will be introduced.
Responding to the announcement, Retail Ireland said he move was a serious blow to the many "non-essential" retailers that would have to close. It said many of these businesses were relying on the run up to Christmas to make up for the significant losses incurred earlier in the year and there is very real concern that many vulnerable retail businesses will not survive Covid. The group called for a clear and comprehensive strategy for the unwinding of these restrictions.


theirishtimes--2020-10-19--HSE recruitment ‘too bureaucratic’, says nurses union

The general secretary of the Irish Nurses and Midwives Organisation ( INMO ) , Phil Ní Sheaghdha has questioned the HSE ’ s recruitment policy saying it is too bureaucratic .
“ They need to get rid of all the red tape , ” she told RTÉ radio ’ s Today with Claire Byrne show .
Ms NíSheaghdha was commenting on new figures released in response to a parliamentary question by Labour Party leader Alan Kelly , which revealed there are now almost 200 fewer permanent nurses working in the health system than there were before Covid-19 .
According to @ @ @ @ @ @ @ nursing and midwifery staff working in the health system in December 2019 , this had decreased to 41,373 in August 2020 .
Ms Ní Sheaghdha said there was “ simply no excuse ” for not employing permanent staff , but pointed out that the recruitment process was a deterrent .
It can take up to eight weeks to get clearance “ just to place an advert ” for a position .
The figures provided to Mr Kelly show that while the number of permanent nurses fell in 2020 , the number of staff @ @ @ @ @ @ @ 2,289 temporary midwives and nurses in December 2019 , this had increased to 4,026 by August of this year .
Ms NíSheaghdha also pointed out that nurses who returned to Ireland in response to the Be On Call initiative were not being employed by the HSE and were instead being contracted to agencies which was not what they had signed up for , she said .
Up to 50 nurses per day were unable to work because they had contacted the virus , this was “ way too high ” said Ms Ní @ @ @ @ @ @ @ replaced while ill .
There was also “ too high ” a reliance by the health service on nursing students on clinical placement who were expected to work , but were not getting any payment while also being prohibited from working part time jobs .
“ They have no income , that ’ s not right .
”

The general secretary of the Irish Nurses and Midwives Organisation (INMO), Phil Ní Sheaghdha has questioned the HSE's recruitment policy saying it is too bureaucratic.
"They need to get rid of all the red tape," she told RTÉ radio's Today with Claire Byrne show. Ms NíSheaghdha was commenting on new figures released in response to a parliamentary question by Labour Party leader Alan Kelly, which revealed there are now almost 200 fewer permanent nurses working in the health system than there were before Covid-19.
According to the HSE figures there were 41,572 permanent nursing and midwifery staff working in the health system in December 2019, this had decreased to 41,373 in August 2020.
Ms Ní Sheaghdha said there was “simply no excuse” for not employing permanent staff, but pointed out that the recruitment process was a deterrent. It can take up to eight weeks to get clearance “just to place an advert” for a position.
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The figures provided to Mr Kelly show that while the number of permanent nurses fell in 2020, the number of staff on temporary contracts increased. There were 2,289 temporary midwives and nurses in December 2019, this had increased to 4,026 by August of this year.
Ms NíSheaghdha also pointed out that nurses who returned to Ireland in response to the Be On Call initiative were not being employed by the HSE and were instead being contracted to agencies which was not what they had signed up for, she said.
Up to 50 nurses per day were unable to work because they had contacted the virus, this was “way too high” said Ms Ní Sheaghdha and they all needed to be replaced while ill.
There was also “too high” a reliance by the health service on nursing students on clinical placement who were expected to work, but were not getting any payment while also being prohibited from working part time jobs. “They have no income, that’s not right.”


theirishtimes--2020-10-19--Deirdre Morley expected to plead not guilty due to insanity of murdering her children

A mother accused of murdering her three young children is expected to plead not guilty by reason of insanity when @ @ @ @ @ year .
Deirdre Morley ( 44 ) of Parson ’ s Court , Newcastle , @ @ @ @ @ with murdering her sons Conor ( 9 ) and Darragh ( 7 ) and her @ @ @ @ @ .
The children ’ s bodies were discovered at the family home just before 8pm @ @ @ @ @ .
Barrister for the Director of Public Prosecutions Anne Marie Lawlor SC on Monday told @ @ @ @ @ the Central Criminal Court that the prosecution is waiting on a psychiatric report in relation @ @ @ @ @ counsel Michael Bowman SC said the case is likely to be an “ insanity ” @ @ @ @ @ days .
Ms Morley has been treated at the Central Mental Hospital in Dundrum since @ @ @ @ @ .
She was not required to attend Monday ’ s hearing .

Deirdre Morley (44) of Parson’s Court, Newcastle, Co Dublin, has been treated at the Central Mental Hospital in Dundrum since the deaths of her children.
A mother accused of murdering her three young children is expected to plead not guilty by reason of insanity when she goes on trial next year.
Deirdre Morley (44) of Parson's Court, Newcastle, Co Dublin, is charged with murdering her sons Conor (9) and Darragh (7) and her daughter Carla (3).
The children’s bodies were discovered at the family home just before 8pm on January 24th this year.
Barrister for the Director of Public Prosecutions Anne Marie Lawlor SC on Monday told Mr Justice Michael White at the Central Criminal Court that the prosecution is waiting on a psychiatric report in relation to Ms Morley.
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Defence counsel Michael Bowman SC said the case is likely to be an “insanity” one and will take three days.
Ms Morley has been treated at the Central Mental Hospital in Dundrum since the deaths of her children. She was not required to attend Monday's hearing.


theirishtimes--2020-10-19--Doctors’ letter calls for new strategy to ‘co-exist’ with Covid-19

A former Fianna Fáil minister is among a group of Irish doctors calling on the Government its change its pandemic strategy to “ co-existing ” with Covid-19 .
GP and ex-Donegal TD Jim McDaid is one of 15 signatories to a letter to Government that proposes a “ proportionate de-escalation of the current exclusive focus on Covid-19 to the exclusion of all other health and wellbeing needs of our Irish society ” .
Lockdown measures have little impact on the disease , according to the letter , sent to the Taoiseach , Tánaiste and Minister for Health .
The frontline @ @ @ @ @ @ @ more confident about managing the disease now and believe “ we can effectively co-exist with the virus ” .
They say current “ unilaterally enforced national strategy ” has not evolved in step with improve scientific understanding since the spring .
“ We are in effect managing this as a ‘ crisis ’ , from day to day , level to level - as though it were March 2020 when the actual crisis was present , ” according to the letter .
Other signatories include surgeon Martin Feeley , who resigned as clinical @ @ @ @ @ @ @ last month after criticising the country ’ s approach to tackling the virus ; one-time contraception campaigner Dr Andrew Rynne , who spoke at an anti-lockdown and anti-mask march in Dublin earlier this month ; and retired GP and Aontú councillor in Derry , Dr Anne McCloskey , who has compared using masks to stop the spread of the virus to “ using a sheep fence to keep out mosquitoes ” .
According to the letter , engagement from all sectors of society last spring allowed us to “ flatten the curve and @ @ @ @ @ @ @ has “ evolved greatly ” since then .
Today , the situation is “ completely different ” as there is evidence for a “ significant degree of established community immunity ” to the virus , the authors state .
According to the signatories , multiple published papers show “ lockdown measures have little impact on the morbidity and mortality impact of Covid-19 ” .
However , they say , current strategy in Ireland seems “ oblivious ” to the enormous burden of cancer and other diseases and the fact that those disproportionately affected @ @ @ @ @ @ @ In criticising the “ questionable accuracy ” of testing methods , the letter claims only a “ fraction ” of daily reported cases are “ clinically significant in terms of transmissibility or impact ” .
Citing a recent paper by Prof John Ioannidis of Stanford University , the letter claims the infection fatality rate of Covid-19 is approximately 0.23-0.27 per cent , and only 0.05 per cent in people aged under 70 years .
“ Given this massive body of new evidence , we as doctors most strongly request that this discussion is @ @ @ @ @ @ @ medical and scientific expert opinions.
” The authors say Ireland should be “ leveraging our unique Irish societal characteristics , to enable a more focused and intensive protection strategy for those who need it most ” .
“ As a matter of urgency , we need to have this discussion for Ireland - openly and transparently .
We desperately need to stop lurching from crisis to crisis , with every daily report of new PCR [ polymerise chain reaction ] positive ‘ cases.
’ ” A separate letter has been sent by 10 @ @ @ @ @ @ @ urgent review of the National Public Health Emergency Team and the introduction of a policy of “ focused protection ” or “ targeting resources towards the vulnerable , as opposed to dissipating resources upon the entire population ” .
Four of these doctors also signed the first letter .
The signatories to this letter say “ the development of some degree of herd or ‘ natural ’ immunity amongst members of the population , is an inevitability ” .
The head of the World Health Organisation , Dr Tedros Ghebreyesus , last week @ @ @ @ @ @ @ to spread in the hope of achieving herd immunity as unethical and problematic .

A former Fianna Fáil minister is among a group of Irish doctors calling on the Government its change its pandemic strategy to "co-existing" with Covid-19.
GP and ex-Donegal TD Jim McDaid is one of 15 signatories to a letter to Government that proposes a “proportionate de-escalation of the current exclusive focus on Covid-19 to the exclusion of all other health and wellbeing needs of our Irish society”.
Lockdown measures have little impact on the disease, according to the letter, sent to the Taoiseach, Tánaiste and Minister for Health.
The frontline doctors in the group say they feel more confident about managing the disease now and believe “we can effectively co-exist with the virus”. They say current “unilaterally enforced national strategy” has not evolved in step with improve scientific understanding since the spring.
READ MORE
“We are in effect managing this as a ‘crisis’, from day to day, level to level - as though it were March 2020 when the actual crisis was present,” according to the letter.
Other signatories include surgeon Martin Feeley, who resigned as clinical director of the Dublin Midlands Hospital Group last month after criticising the country's approach to tackling the virus; one-time contraception campaigner Dr Andrew Rynne, who spoke at an anti-lockdown and anti-mask march in Dublin earlier this month; and retired GP and Aontú councillor in Derry, Dr Anne McCloskey, who has compared using masks to stop the spread of the virus to "using a sheep fence to keep out mosquitoes".
According to the letter, engagement from all sectors of society last spring allowed us to “flatten the curve and buy time” but understanding of Covid-19 has “evolved greatly” since then.
Today, the situation is “completely different” as there is evidence for a “significant degree of established community immunity” to the virus, the authors state.
According to the signatories, multiple published papers show "lockdown measures have little impact on the morbidity and mortality impact of Covid-19". However, they say, current strategy in Ireland seems "oblivious" to the enormous burden of cancer and other diseases and the fact that those disproportionately affected are the most vulnerable in society.
In criticising the “questionable accuracy” of testing methods, the letter claims only a “fraction” of daily reported cases are “clinically significant in terms of transmissibility or impact”.
Citing a recent paper by Prof John Ioannidis of Stanford University, the letter claims the infection fatality rate of Covid-19 is approximately 0.23-0.27 per cent, and only 0.05 per cent in people aged under 70 years.
“Given this massive body of new evidence, we as doctors most strongly request that this discussion is opened up to a wider range of medical and scientific expert opinions.”
The authors say Ireland should be “leveraging our unique Irish societal characteristics, to enable a more focused and intensive protection strategy for those who need it most”.
“As a matter of urgency, we need to have this discussion for Ireland - openly and transparently. We desperately need to stop lurching from crisis to crisis, with every daily report of new PCR [polymerise chain reaction] positive ‘cases.’”
A separate letter has been sent by 10 doctors to Government ministers calling for an urgent review of the National Public Health Emergency Team and the introduction of a policy of “focused protection” or “targeting resources towards the vulnerable, as opposed to dissipating resources upon the entire population”. Four of these doctors also signed the first letter.
The signatories to this letter say “the development of some degree of herd or ‘natural’ immunity amongst members of the population, is an inevitability”.
The head of the World Health Organisation, Dr Tedros Ghebreyesus, last week described the idea of deliberately allowing Covid-19 to spread in the hope of achieving herd immunity as unethical and problematic.


theirishtimes--2020-10-19--Lotto winner sued by step-son cannot sue former lottery operator

A woman taken to court by her step son for a share in a 2011 €3.3 million Lotto win can not sue the former operator of the National Lottery for alleged negligence , the High Court ruled on Monday .
Ms Justice Teresa Pilkington ruled that Mary Walsh , who ultimately settled proceedings brought against her by her step-son David Walsh , can not bring proceedings against the former operators of the Lotto , An Post National Lottery Company .
The company went into voluntary liquidation in 2014 .
Because the company is in liquidation , Ms Walsh must get @ @ @ @ @ @ @ claim that she received negligent advice from the former operator regarding the Lotto win .
In her judgment , the judge found the issue of alleged nuisance had been determined in the High Court proceedings against Ms Walsh by her step-son , heard in 2017 .
To suggest otherwise would “ necessitate repetitious and unnecessary litigation.
” It would “ constitute an abuse of process ” to allow the claim against An Post National Lottery Company to proceed , she held .
In her intended action against the former operator , Ms Walsh @ @ @ @ @ @ @ a representative of the National Lottery when she went to collect what she claims were her winnings in January 2011 .
She claimed the advice , where she was told that if she wished to make gifts to anyone those persons should sign the winning ticket if those gifts were to be exempted from taxation , was negligent .
As a result of the advice she claimed that she and five others , including David Walsh signed the winning ticket .
That resulted in High Court proceedings being brought against her by David @ @ @ @ @ @ @ s father Mr Peter Walsh , who died in December 2011 .
The court also heard that she is the subject of separate , but related , proceedings from another signatory of the winning ticket Mr Kevin Black , who is her late husband ’ s nephew .
In her proposed action she had alleged the full implications of that advice were never explained to her , and wishes to bring a claim for damages against An Post National Lottery Company .
The company went into liquidation after another entity was awarded the @ @ @ @ @ @ @ Her application was opposed on grounds including that it was bound to fail .
In proceedings before the High Court in 2017 , Mr Justice Richard Humphreys ruled Mrs Walsh had to pay David Walsh €560,000 plus his legal costs after finding her stepson was a part owner of and entitled to a one-sixth share of a winning ticket purchased in Ballinasloe Co Galway in January 2011 .
Mrs Walsh appealed that decision to the Court of Appeal which was told later in 2018 the action was “ resolved entirely ” .
As @ @ @ @ @ @ @ was allowed .
Mr Walsh , of Knocknagreena , Ballinasloe , Co Galway had sued Mrs Walsh , of Monksland , Athlone , Co Roscommon arguing he was entitled to his share , approximately €560,000 , of the win on the grounds his signature was among six written on the back of the winning ticket .
He claimed his late father had told him , shortly after the win , he would be looked after and would not have to worry about money again .
He claimed he did not get his share @ @ @ @ @ @ @ argued that the winning ticket was hers .
She claimed David Walsh was offered and accepted her and her late husband ’ s house in lieu of €200,000 from the win .
Following a seven-day hearing in 2017 , Mr Justice Humphreys rejected Mrs Walsh ’ s arguments and found in favour of David Walsh .

Winner of €3.3m Lottery win in 2011 alleged the full implications of advice she was given was never explained to her. Photograph: Chris Maddaloni/Collins
A woman taken to court by her stepson for a share in a 2011 €3.3 million Lotto win cannot sue the former operator of the National Lottery for alleged negligence, the High Court ruled on Monday.
Ms Justice Teresa Pilkington ruled that Mary Walsh, who ultimately settled proceedings brought against her by her stepson David Walsh, cannot bring proceedings against the former operators of the Lotto, An Post National Lottery Company.
The company went into voluntary liquidation in 2014.
Because the company is in liquidation, Ms Walsh must get High Court permission to formally bring her claim that she received negligent advice from the former operator regarding the Lotto win.
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In her judgment, the judge found the issue of alleged nuisance had been determined in the High Court proceedings against Ms Walsh by her stepson, heard in 2017.
To suggest otherwise would “necessitate repetitious and unnecessary litigation.”
It would “constitute an abuse of process” to allow the claim against An Post National Lottery Company to proceed, she held.
In her intended action against the former operator, Ms Walsh alleged she was given certain advice by a representative of the National Lottery when she went to collect what she claims were her winnings in January 2011.
She claimed the advice, where she was told that if she wished to make gifts to anyone those persons should sign the winning ticket if those gifts were to be exempted from taxation, was negligent.
As a result of the advice she claimed that she and five others, including David Walsh signed the winning ticket. That resulted in High Court proceedings being brought against her by David Walsh. She was married David's father Mr Peter Walsh, who died in December 2011.
The court also heard that she is the subject of separate, but related, proceedings from another signatory of the winning ticket Mr Kevin Black, who is her late husband's nephew.
In her proposed action she had alleged the full implications of that advice were never explained to her, and wishes to bring a claim for damages against An Post National Lottery Company.
The company went into liquidation after another entity was awarded the licence to operate the National Lottery. Her application was opposed on grounds including that it was bound to fail.
In proceedings before the High Court in 2017, Mr Justice Richard Humphreys ruled Mrs Walsh had to pay David Walsh €560,000 plus his legal costs after finding her stepson was a part owner of and entitled to a one-sixth share of a winning ticket purchased in Ballinasloe Co Galway in January 2011.
Mrs Walsh appealed that decision to the Court of Appeal which was told later in 2018 the action was “resolved entirely”.
As part of the settlement, her appeal was allowed.
Mr Walsh, of Knocknagreena, Ballinasloe, Co Galway had sued Mrs Walsh, of Monksland, Athlone, Co Roscommon arguing he was entitled to his share, approximately €560,000, of the win on the grounds his signature was among six written on the back of the winning ticket.
He claimed his late father had told him, shortly after the win, he would be looked after and would not have to worry about money again.
He claimed he did not get his share.
Mrs Walsh denied this and had argued that the winning ticket was hers.
She claimed David Walsh was offered and accepted her and her late husband’s house in lieu of €200,000 from the win.
David Walsh denied that.
Following a seven-day hearing in 2017, Mr Justice Humphreys rejected Mrs Walsh’s arguments and found in favour of David Walsh.


theirishtimes--2020-10-19--Fifth person arrested in relation to alleged witness intimidation in Aaron Brady case

Gardaí have arrested a fifth person in relation to the allegation of witness intimidation in connection to the recent criminal trial of Garda killer Aaron Brady .
Brady , a 29-year-old father of one from south Armagh , was jailed last week for 40 years for the capital murder of Det Garda Adrian Donohoe in Co Louth seven years ago .
Brady was also jailed for 14 years , to run concurrently , for his role in the armed robbery on Lordship Credit Union , Bellurgan , during which the detective was shot dead .
On Monday , gardaí from @ @ @ @ @ @ @ ( GNBCI ) said they are continuing to investigate allegations of witness intimidation , perverting the course of justice and the unlawful use of mobile phones in the prison environment , in relation to the recent criminal trial .
Detective gardaí attached to the serious crime review team in GNBCI arrested a person in relation to this investigation on Monday .
The arrested person is currently detained under Section 4 of the Criminal Justice Act 1984 at the Bridewell Garda Station , Dublin .
A garda spokesman said investigations are ongoing .
This @ @ @ @ @ @ @ investigation .
All four persons previously arrested in relation to this investigation on October 8th have since been released without charge .
Files will be prepared for the Director of Public Prosecutions .

Gardaí have arrested a fifth person in relation to the allegation of witness intimidation in connection to the recent criminal trial of Garda killer Aaron Brady.
Brady, a 29-year-old father of one from south Armagh, was jailed last week for 40 years for the capital murder of Det Garda Adrian Donohoe in Co Louth seven years ago.
Brady was also jailed for 14 years, to run concurrently, for his role in the armed robbery on Lordship Credit Union, Bellurgan, during which the detective was shot dead.
On Monday, gardaí from the Garda National Bureau of Criminal Investigation (GNBCI) said they are continuing to investigate allegations of witness intimidation, perverting the course of justice and the unlawful use of mobile phones in the prison environment, in relation to the recent criminal trial.
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Detective gardaí attached to the serious crime review team in GNBCI arrested a person in relation to this investigation on Monday.
The arrested person is currently detained under Section 4 of the Criminal Justice Act 1984 at the Bridewell Garda Station, Dublin. A garda spokesman said investigations are ongoing.
This is the fifth such arrest in this investigation. All four persons previously arrested in relation to this investigation on October 8th have since been released without charge. Files will be prepared for the Director of Public Prosecutions.


theirishtimes--2020-10-19--Disappearance of Jo Jo Dullard reclassified as murder inquiry

The disappearance of Josephine ( Jo Jo ) Dullard 25 years ago is to be reclassified as a murder investigation .
Ms Dullard ( 21 ) was last seen at a public phone box in Moone , Co Kildare at around 11.35pm on November 9th , 1995 .
Gardaí now believe that serious harm came to “ Jo Jo ” on or about the night of the night she disappeared .
She also had Sanyo Stereo cassette Player ( model MGP21 ) with her when she disappeared .
Gardaí continue to appeal to any person who may have previously come @ @ @ @ @ @ @ gardaí with all the information they had in relation to this matter , to contact the investigation team again .
A press conference is being held on Monday where gardaí are will announce the reclassification of the case to a murder inquiry .
The reclassification followed a review by the Garda ’ s Serious Crime Review Team .
Ms Dullard is one of six young women who died or went missing in the Leinster area in the 1990s ; US student Annie McCarrick ( 26 ) , who went missing in the Wicklow @ @ @ @ @ @ @ 25 ) , from Tullamore , Co Offaly , who went missing in 1996 ; Ciara Breen ( 18 ) , from Dundalk , Co Louth , who disappeared in 1998 ; Fiona Sinnott ( 19 ) , from Lady ’ s Island , Co Wexford , who went missing in 1998 ; and Deirdre Jacob , who went missing from Newbridge , Co Kildare , in 1998 .
Despite multiple investigations , no link has been established between those disappearances and that of Ms Dullard .
Last year her sister Kathleen Bergin @ @ @ @ @ @ @ the disappearance had on her family .
“ Time moves on but the pain never eases , ” she said .
“ It is the cruellest form of torture that can ever be inflicted ” .
She said her parents and two of her siblings had died without knowing what happened to her and only she and her sister Nora are left .
“ Someone , somewhere knows what happened to Jo Jo , ” she said and implored anyone with any information to come forward .
In 2018 Mary Phelan died having @ @ @ @ @ @ @ .
Her efforts took her to Washington in 1998 where she raised her disappearance with Hillary Clinton and the FBI .
Ms Phelan had been instrumental in setting up Operation Trace to look at the disappearance of the six women in Leinster over a five-year period .

JoJo Dullard, the 21-year-old Kilkenny woman who disappeared without trace 25 years ago, is dead and "met her death through violent means," gardaí have concluded.
The disappearance of Ms Dullard, who was last seen in Moone, Co Kildare, is now being treated as a murder investigation with cold case detectives issuing a renewed appeal for information, including from those who may have given false statements in the past.
The classification of the case as a murder investigation comes about as a result of a review by the Garda’s Serious Crime Review Team (SCRT) which began in February.
Expand Autoplay Image 1 of 4 The memorial plaque to JoJoDullard, in Moone, Co. Kildare.Photograph: Dara Mac Dónaill
In 1999, Garda posters were put up seeking the public’s help in locating the Kilkenny woman. Photograph: Bryan O’Brien
Detectives, led by Detective Superintendent Desmond McTiernan, conducted an independent review of the case files in Ms Dullard’s disappearance.
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A major part of their work was a “victimology and proof of life” analysis. This process allowed them to reasonably determine Ms Dullard is no longer alive and that she did not met her death through suicide, Det Supt McTiernan said.
“We can’t just upgrade to murder just on a gut feeling. We have to have a reasonable rationale that would show why we are categorising it as murder. The work that has gone into classifying it as that is substantial.”
He said that having carried out this work, gardaí are “quite satisfied that Jo Jo is dead and met her death through violent means.”
Jo Jo Dullard’s sister Mary Phelan, right, with her husband Martin and their children with the memorial stone besides the phone box that Jo Jo made her last call from. Photograph: John Cogill
Ms Dullard enjoyed life, had plans for the future and was excited for those plans, he said.
“We are satisfied that now that JoJo came to harm in Moone and we are classifying this investigation as a murder,” said Kildare Superintendent Martin Walker.
Gardaí were reluctant to share any new information it may have gathered since February in relation to the investigation.
Supt Walker said there was no “silver bullet” that moved the investigation forward. He instead cited the “hard work” of the SCRT.
Det Supt McTiernan declined to comment on any new information it has received since February.
He said the investigation will be looking at “old rumours and old information and current intelligence and current information” but that it will be largely dependent on people coming forward with information.
At a press briefing in Newbridge, Ms Dullard's sister Kathleen Bergin made an emotional plea for help to "bring JoJo home."
“After all these years we have known in our hearts and accepted that JoJo is no longer alive and we are hopeful that the team will be able to move the case along further and maybe, please God, find answers to our questions.
She appealed for people with information to “find it in your heart” to come forward. “We understand if fear has been holding them back. Please believe us. We just want to have JoJo brought home. You will not be judged.”
No one has ever been arrested in relation to Ms Dullard’s disappearance on the night of November 9th, 1995.
For years rumours circulated that she and several other missing women were the victim of a serial killer operating in the east of the country in the mid to late nineties. Today gardaí are sceptical of the theory; most of the missing women are now suspected to have been killed by someone known to them.
The memorial plaque to JoJoDullard, in Moone, Co. Kildare.Photograph: Dara Mac Dónaill
However this is not the case in Ms Dullard’s murder and no major suspects have ever been identified in her disappearance.
Ms Dullard had been socialising in Bruxelles Bar in Dublin on November 9th before starting her journey home to Callan in Kilkenny.
She missed the last bus to Callan so got a bus to Naas before hitching two lifts to Moone. At 11.37pm she called a friend from a phonebox in Moone to tell her she would be home soon and that a car had just stopped for her. That was the last time anyone heard from Ms Dullard.
At the time Ms Dullard was wearing blue jeans, black boots and a small rucksack. She was also carrying a black Sanyo cassette player and matching headphones.
On Monday, gardaí said they are particularly interested in anyone who might have found the portable cassette player or been given it is suspicious circumstances, perhaps as a Christmas gift.
They are also keen to speak to anyone who was hitch hiking around Moone, Co. Kildare at the end of October 1995 or the start of November 1995, or anyone who picked up a hitchhiker during that period.
“I know its 25 years but it’s very important people examine their conscience and come forward,” Supt Walker said.


theirishtimes--2020-10-19--Refund policies drive customers to the point of no return

Returns were on the minds of several people who got in touch with us last week .
A reader called James Larkin has been annoyed by Power City .
On the first Sunday in October , just after 4.30pm ( the time will matter later ) , he bought a set of earphones from a branch of the retail chain in Dublin .
“ Since I was unsure of the length of lead needed and in conversation with the salesman , I also took an extension lead which he said I could return if not needed.
” It turns out @ @ @ @ @ @ @ following Thursday , when he was in the area he returned the unopened extension cable but was told he was only entitled to as store credit since he “ had not brought it back the same day ” .
James queried this and was told first that the condition of return was “ on the receipt ” , that “ it ’ s only for €4.95 ” and “ it ’ s our policy ” .
Our reader then looked at the receipt and accepted that it does say , “ Returns/ exchange @ @ @ @ @ @ @ credit .
Box unopened and receipt required .
( Excludes laptops , mobile phones and software ) .
Refunds where applicable will be by cheque in post.
” He says the rule is “ clear enough , I suppose , but who reads the small print on a receipt in these days when most retailers don ’ t bat an eye at making a refund onto a credit card , when that is used for payment ?
Neither the salesman nor cashier drew my attention to their ‘ policy ’ and if the @ @ @ @ @ @ @ I would have been hard pressed to get home , check out the length of the earphone cable and be back in the store to get my refund.
” He says that it is a small amount but , “ if it had been the full €15 or indeed a more expensive item I think I would have every right to be angry at this sleight-of-hand ‘ policy ’ and I would probably not be troubling you with this if the staff had been more customer-friendly .
My query is this : is @ @ @ @ @ @ @ right to a refund ?
Is there an onus on the staff – or on the management to train the staff – to explain to customers this ‘ policy ’ which seems to be out of step with the policies of most retail outlets , in my experience ” .
Our reader ’ s annoyance is hard to miss but here ’ s the thing .
There is no law that will offer comfort to our reader , as Power City is not obliged to give him any class of refund – either @ @ @ @ @ @ @ a product unless there is something actually wrong with that product .
Having said that , the first person who served our reader could have made the rules clear or at least stressed that if he did not return the product within a day he would only be in line for a credit note .
We have a not-unrelated query from a reader called Kerry .
“ I purchased a Juku phone charger from Tesco Clearwater on May 11th , 2020 , ” the mail starts .
“ I used the phone charger @ @ @ @ @ @ @ was used correctly at all times .
I am mainly housebound and the phone is charged at night on a flat surface .
The charger is not moved , it is not used by anyone else and it is charged on a flat surface once a day , ” she says .
So far , so good .
But then last week the “ plastic casing on the cable frayed , exposing the wire and making the product dangerous .
This is a fault with the product .
I have had similar phone @ @ @ @ @ @ @ this issue has not arisen ” .
Our reader ’ s carer attempted to return the item .
“ She was told that the item was not faulty and that she was not entitled to a refund as it was outside the 28 days .
I then attempted to return that item in person and asked to speak to a manager , ” Kerry says .
“ I have a receipt which shows proof of purchase , purchase date and should act as the warranty .
I also brought another phone charger I @ @ @ @ @ @ @ shows no wear and tear to demonstrate that I am capable of using a phone charger correctly .
I pointed out that the item was faulty .
That it has been used correctly and should not break in this way .
I pointed out that the item was under warranty .
I pointed out that consumer law states I am entitled to recourse for faulty goods.
” She says what followed was “ a discommoding conversation ” after which “ the reply I got can be summed up as followed : Tesco policies @ @ @ @ @ @ @ a refund on the phone charger .
Chargers can not be returned unless returned within 28 days .
( I was not given a copy of these policies even though I asked . )
Juku chargers do not have a warranty .
There is no warranty on my purchase .
As other people lie and say they used an item correctly when they didn ’ t , I am not entitled to a refund ( this is a word-for-word quote ) .
Tesco policies override consumer law ” .
She was perplexed to @ @ @ @ @ @ @ a warranty , “ when their website clearly states Juku products carry one-year to two-year warranties .
I was also perplexed to be told consumer law doesn ’ t apply .
I phoned Tesco customer service who apologised to me for my experience and told me I was entitled to a refund .
But to progress this I [ was told I ] had to return to the store and complete an S11 form and that it was not possible to send me either the Tesco return policies or the S11 form .
@ @ @ @ @ @ @ law my relationship is with Tesco as the retailer .
Not with the manufacturer .
So why am I being told the item needs to be returned to the manufacturer before I can get a refund ?
Surely Tesco should issue the refund and then follow up in any way they wish regarding the fault ?
And why can this not be done through the post ?
I am meant to be cocooning and minimising my interactions .
Why are Tesco insisting I go back to the same store in person again ?
@ @ @ @ @ @ @ “ Thanks for flagging this complaint .
Tesco has a 30-day returns policy on general merchandise products .
However , given the customer ’ s experience on this occasion we are happy to refund or replace the product to the customer ’ s satisfaction .
We have contacted the customer to arrange this to be carried out as soon as possible and we have apologised for the inconvenience caused.
” And finally , there was Emma .
She bought a smart watch in Argos last week .
“ As I was unsure of @ @ @ @ @ @ @ and saw that non-faulty items can be returned as long as they are “ unused , in its original packaging and in a re-sellable condition ” .
On opening the product I could instantly see it was too big .
I didn ’ t turn it on and closed the box , ” she writes .
“ There was no option to open the box without breaking the seal , which states ‘ do not give clear receipt unless contents are examined in presence of delivering agent ’ .
Argos are refusing refund @ @ @ @ @ @ @ watch not being turned on/plugged in .
Aside from the seal , the product is as purchased .
I understand that as the goods aren ’ t faulty I am essentially relying on goodwill from a consumer rights perspective but , based on Argos returns policy , should I have any rights ?
I had planned to exchange for more expensive products.
” We got in touch with Argos and were told that “ some items , such as smart watches , can only be returned if the original packaging remains sealed .
@ @ @ @ @ @ @ but on this occasion we have arranged a full refund as a gesture of goodwill ” .

Returns were on the minds of several people who got in touch with us last week.
A reader called James Larkin has been annoyed by Power City. On the first Sunday in October, just after 4.30pm (the time will matter later), he bought a set of earphones from a branch of the retail chain in Dublin.
“Since I was unsure of the length of lead needed and in conversation with the salesman, I also took an extension lead which he said I could return if not needed.”
It turns out the lead was not needed and the following Thursday, when he was in the area he returned the unopened extension cable but was told he was only entitled to as store credit since he “had not brought it back the same day”.
READ MORE
James queried this and was told first that the condition of return was “on the receipt”, that “it’s only for €4.95” and “it’s our policy”.
Our reader then looked at the receipt and accepted that it does say, “Returns/ exchange within 28 days will be offered store credit. Box unopened and receipt required. (Excludes laptops, mobile phones and software). Refunds where applicable will be by cheque in post.”
He says the rule is “clear enough, I suppose, but who reads the small print on a receipt in these days when most retailers don’t bat an eye at making a refund onto a credit card, when that is used for payment? Neither the salesman nor cashier drew my attention to their ‘policy’ and if the store was closing at 6pm on Sunday I would have been hard pressed to get home, check out the length of the earphone cable and be back in the store to get my refund.”
He says that it is a small amount but, “if it had been the full €15 or indeed a more expensive item I think I would have every right to be angry at this sleight-of-hand ‘policy’ and I would probably not be troubling you with this if the staff had been more customer-friendly. My query is this: is this in line with consumer protection law/the right to a refund? Is there an onus on the staff – or on the management to train the staff – to explain to customers this ‘policy’ which seems to be out of step with the policies of most retail outlets, in my experience”.
Not obliged
Our reader’s annoyance is hard to miss but here’s the thing. There is no law that will offer comfort to our reader, as Power City is not obliged to give him any class of refund – either in cash or credit – for returning a product unless there is something actually wrong with that product. Having said that, the first person who served our reader could have made the rules clear or at least stressed that if he did not return the product within a day he would only be in line for a credit note.
We have a not-unrelated query from a reader called Kerry.
"I purchased a Juku phone charger from Tesco Clearwater on May 11th, 2020," the mail starts. "I used the phone charger without issue for five months. It was used correctly at all times. I am mainly housebound and the phone is charged at night on a flat surface. The charger is not moved, it is not used by anyone else and it is charged on a flat surface once a day," she says.
So far, so good. But then last week the “plastic casing on the cable frayed, exposing the wire and making the product dangerous. This is a fault with the product. I have had similar phone chargers for two and three years and this issue has not arisen”.
Our reader’s carer attempted to return the item. “She was told that the item was not faulty and that she was not entitled to a refund as it was outside the 28 days. I then attempted to return that item in person and asked to speak to a manager,” Kerry says. “I have a receipt which shows proof of purchase, purchase date and should act as the warranty. I also brought another phone charger I have had for over 2 years which shows no wear and tear to demonstrate that I am capable of using a phone charger correctly. I pointed out that the item was faulty. That it has been used correctly and should not break in this way. I pointed out that the item was under warranty. I pointed out that consumer law states I am entitled to recourse for faulty goods.”
She says what followed was “a discommoding conversation” after which “the reply I got can be summed up as followed: Tesco policies are being followed correctly in refusing me a refund on the phone charger. Chargers can not be returned unless returned within 28 days. (I was not given a copy of these policies even though I asked.) Juku chargers do not have a warranty. There is no warranty on my purchase. As other people lie and say they used an item correctly when they didn’t, I am not entitled to a refund (this is a word-for-word quote). Tesco policies override consumer law”.
Warranties
She was perplexed to be told Juku items did not have a warranty, “when their website clearly states Juku products carry one-year to two-year warranties. I was also perplexed to be told consumer law doesn’t apply. I phoned Tesco customer service who apologised to me for my experience and told me I was entitled to a refund. But to progress this I [was told I] had to return to the store and complete an S11 form and that it was not possible to send me either the Tesco return policies or the S11 form.
“My understanding is that under consumer law my relationship is with Tesco as the retailer. Not with the manufacturer. So why am I being told the item needs to be returned to the manufacturer before I can get a refund? Surely Tesco should issue the refund and then follow up in any way they wish regarding the fault? And why can this not be done through the post? I am meant to be cocooning and minimising my interactions. Why are Tesco insisting I go back to the same store in person again?”
In a statement Tesco said: “Thanks for flagging this complaint. Tesco has a 30-day returns policy on general merchandise products. However, given the customer’s experience on this occasion we are happy to refund or replace the product to the customer’s satisfaction. We have contacted the customer to arrange this to be carried out as soon as possible and we have apologised for the inconvenience caused.”
And finally, there was Emma. She bought a smart watch in Argos last week. “As I was unsure of sizes I reviewed returns policy in advance and saw that non-faulty items can be returned as long as they are “unused, in its original packaging and in a re-sellable condition”. On opening the product I could instantly see it was too big. I didn’t turn it on and closed the box,” she writes.
“There was no option to open the box without breaking the seal, which states ‘do not give clear receipt unless contents are examined in presence of delivering agent’. Argos are refusing refund based on data protection regulations despite the watch not being turned on/plugged in. Aside from the seal, the product is as purchased. I understand that as the goods aren’t faulty I am essentially relying on goodwill from a consumer rights perspective but, based on Argos returns policy, should I have any rights? I had planned to exchange for more expensive products.”
We got in touch with Argos and were told that “some items, such as smart watches, can only be returned if the original packaging remains sealed. This is stated in our returns policy but on this occasion we have arranged a full refund as a gesture of goodwill”.


theirishtimes--2020-10-19--Prison nurse let go after sexual assault complaint raised in Oireachtas

A prison nurse was told she was no longer permitted to work in the Irish Prison Service ( IPS ) hours after her complaint of workplace sexual assault was raised in the Oireachtas .
The woman , who has requested anonymity , was employed by an outside agency and assigned to work at the Midlands Prison when a prisoner attacked her in November 2018 .
Three months later , without the nurse ’ s knowledge , details of the incident were briefly raised by Fianna Fáil TD Marc MacSharry at the Public Accounts Committee ( PAC ) during an appearance @ @ @ @ @ @ @ that day the nurse was contacted by her agency and told she would no longer be working at any facility in the prison system .
The nurse took a case to the Workplace Relations Commission ( WRC ) which , in June , found she had been penalised for making a complaint of sexual assault by having her shifts cancelled .
It awarded her €65,000 , the equivalent of 2½ years ’ salary .
It is understood the IPS has lodged an appeal .
“ I can ’ t even put into words @ @ @ @ @ @ @ was a really tough year for me .
It leaves an indelible mark , that this thing was done to you , ” the nurse said .
The woman was dispensing medication in the prison on November 27th , 2018 when a prisoner grabbed her breast in an incident which was witnessed by a prison officer .
She made a complaint to the IPS but did not go to the Garda because she was hoping to obtain a permanent post in the prison and did not want to “ rock the boat ” @ @ @ @ @ @ @ to work in the same area where the assault took place , causing her great upset .
She called the IPS to raise her concerns but nothing was done and she continued to work on the same wing “ under duress ” , according to the WRC judgment .
On January 17th , 2019 Mr MacSharry raised the matter at a PAC hearing without naming the nurse .
The TD had heard about the incident through another IPS whistleblower .
He had not been in contact with the nurse and she was not @ @ @ @ @ @ @ matter .
“ I spoke to a number of whistleblowers and became aware of the alleged sexual assault of an agency nurse who was not provided with due process in dealing with her complaint and forced to return to the same working environment immediately after , denying her standard due process and assistance which one would expect on this case , ” Mr MacSharry told this newspaper .
“ I raised the matter with prison service management [ who ] said they were unaware of it and I asked that they contact the @ @ @ @ @ @ @ service and inquire if and who had experienced an alleged sexual assault while carrying out her work within the prison.
” Later the same day the nurse was told by the agency she would not receive any more shifts with the IPS .
In its submission to the WRC , the IPS strongly denied the nurse ’ s shifts were cancelled because of the PAC hearing .
Instead , it said , her prison shifts were cancelled by the nursing agency because she had not completed two mandatory training courses .
The WRC @ @ @ @ @ @ @ IPS since April 2018 without the required courses but that her shifts were not cancelled until her assault was raised at the PAC .
The director of the nursing agency which employed her also gave evidence it was not unusual for courses to be out of date .
WRC adjudication officer Marguerite Buckley SC said she was satisfied the comments at the PAC hearing were linked to the cancellation of the nurse ’ s shifts and that the woman was “ penalised ” for making a complaint .
Ms Buckley also criticised how @ @ @ @ @ @ @ .
“ I understand that the workplace in which she worked could be highly charged , but I find the response from the respondent to her assault and reporting of it seriously lacking .
“ I note that the complainant continued to work in the same area after the assault under duress.
” Speaking to The Irish Times , the nurse said she lived in a small community with other IPS employees and she worried about rumours spreading that she had been fired for misconduct , such as bringing drugs into prison .
@ @ @ @ @ @ @ said the WRC decision supporting her version of events provided only limited comfort .
“ I had a couple of minutes ’ vindication and then it was like this still happened to me .
“ Nothing was done about it .
I was put at risk .
There could be other people put at risk .
It kind of outweighed the feeling of vindication.
” The prison system , she said , was “ a really vicious environment and I ’ m not talking about the people imprisoned there ” .
An IPS @ @ @ @ @ @ @ on ongoing legal cases ” .

The woman was employed by an outside agency and assigned to work at the Midlands Prison when a prisoner attacked her in November 2018. Photograph: Bryan O’Brien
A prison nurse was told she was no longer permitted to work in the Irish Prison Service (IPS) hours after her complaint of workplace sexual assault was raised in the Oireachtas.
The woman, who has requested anonymity, was employed by an outside agency and assigned to work at the Midlands Prison when a prisoner attacked her in November 2018.
Three months later, without the nurse’s knowledge, details of the incident were briefly raised by Fianna Fáil TD Marc MacSharry at the Public Accounts Committee (PAC) during an appearance by a senior IPS official.
Later that day the nurse was contacted by her agency and told she would no longer be working at any facility in the prison system.
READ MORE
The nurse took a case to the Workplace Relations Commission (WRC) which, in June, found she had been penalised for making a complaint of sexual assault by having her shifts cancelled. It awarded her €65,000, the equivalent of 2½ years’ salary. It is understood the IPS has lodged an appeal.
“I can’t even put into words what all that was like; 2019 was a really tough year for me. It leaves an indelible mark, that this thing was done to you,” the nurse said.
The woman was dispensing medication in the prison on November 27th, 2018 when a prisoner grabbed her breast in an incident which was witnessed by a prison officer.
She made a complaint to the IPS but did not go to the Garda because she was hoping to obtain a permanent post in the prison and did not want to “rock the boat”.
A week later she was rostered to work in the same area where the assault took place, causing her great upset. She called the IPS to raise her concerns but nothing was done and she continued to work on the same wing “under duress”, according to the WRC judgment.
PAC hearing
On January 17th, 2019 Mr MacSharry raised the matter at a PAC hearing without naming the nurse. The TD had heard about the incident through another IPS whistleblower. He had not been in contact with the nurse and she was not aware he was going to raise the matter.
“I spoke to a number of whistleblowers and became aware of the alleged sexual assault of an agency nurse who was not provided with due process in dealing with her complaint and forced to return to the same working environment immediately after, denying her standard due process and assistance which one would expect on this case,” Mr MacSharry told this newspaper.
“I raised the matter with prison service management [who] said they were unaware of it and I asked that they contact the various agencies which provided nurses to the service and inquire if and who had experienced an alleged sexual assault while carrying out her work within the prison.”
Later the same day the nurse was told by the agency she would not receive any more shifts with the IPS.
Mandatory training courses
In its submission to the WRC, the IPS strongly denied the nurse’s shifts were cancelled because of the PAC hearing. Instead, it said, her prison shifts were cancelled by the nursing agency because she had not completed two mandatory training courses.
The WRC noted the nurse had worked with the IPS since April 2018 without the required courses but that her shifts were not cancelled until her assault was raised at the PAC.
The director of the nursing agency which employed her also gave evidence it was not unusual for courses to be out of date.
WRC adjudication officer Marguerite Buckley SC said she was satisfied the comments at the PAC hearing were linked to the cancellation of the nurse’s shifts and that the woman was “penalised” for making a complaint.
Ms Buckley also criticised how the IPS dealt with the sexual assault. “I understand that the workplace in which she worked could be highly charged, but I find the response from the respondent to her assault and reporting of it seriously lacking.
“I note that the complainant continued to work in the same area after the assault under duress.”
Speaking to The Irish Times, the nurse said she lived in a small community with other IPS employees and she worried about rumours spreading that she had been fired for misconduct, such as bringing drugs into prison. “It was really isolating.”
She said the WRC decision supporting her version of events provided only limited comfort. “I had a couple of minutes’ vindication and then it was like this still happened to me.
“Nothing was done about it. I was put at risk. There could be other people put at risk. It kind of outweighed the feeling of vindication.”
The prison system, she said, was “a really vicious environment and I’m not talking about the people imprisoned there”.
An IPS spokesman said “it does not comment on ongoing legal cases”.


theirishtimes--2020-10-19--North’s Acorn Farm project aims to create a more sustainable food system

During lockdown , Hayley Donan turned her back garden into a vegetable patch .
So far , she and her family have enjoyed everything from courgettes , peas and potatoes to borage – “ good for the bees ” – sorrel and Swiss chard .
“ It comes up pretty quickly , it ’ s easy to grow , and it has lovely rainbow colours.
” There have been other benefits : “ During lockdown , people had to slow down and reconnect with nature and their local environment , ” says Donan .
“ Handling greenery also affects your @ @ @ @ @ @ @ I think we ’ ve lost from modern life.
” It has long been part of Donan ’ s life .
A floristry teacher and a member of Conservation Volunteers , her backyard vegetable patch became the pilot for a project which will recruit 100 families in Derry and Strabane to tackle climate change by growing food at home .
Funded by £200,000 ( €220,500 ) from the National Lottery Community Fund , it is part of the Community Foundation NI ’ s Acorn Farm Project , which aims to create a more @ @ @ @ @ @ @ district by researching where its food comes from .
“ Climate change is frightening , ” says fund officer Shauna Kelpie , “ but so often , when you change something , you can ’ t see what your contribution is .
“ There are a lot of air miles attached to a tomato , so if you just grow your tomatoes , automatically you ’ re doing something .
“ It ’ s putting people in charge of their response to climate change through their food choice , about the food that @ @ @ @ @ @ @ ” This has been thrown into sharper relief by the coronavirus pandemic .
“ During lockdown , people could see the value in where they lived , ” says Kelpie .
“ The number of people who got out walking , or families you ’ d see out walking together , it was almost a throwback , a questioning of what the values are in our lives.
” Says Donan : “ It brought things like community resilience and self-sufficiency back into people ’ s consciousness , and improving the damage we ’ @ @ @ @ @ @ @ lifestyles .
“ It ’ s just about having a go .
Start with something simple , like the ingredients for a salad , which you could even do in a pot on your kitchen windowsill .
You don ’ t need much space.
” In the long term , the plan is to create an innovation hub for sustainable food production in one of the city ’ s parks .
“ Covid highlighted that we were totally reliant on ferries coming in from England with our food , ” says Kelpie .
@ @ @ @ @ @ @ huge questions that haven ’ t been addressed .
So part of this project is discussing that , and understanding that , so we are in a better position.
” This will give “ a real sense of what the supply chain looks like and where our food ’ s coming from ” .
This includes “ looking at our relationship with our rural farmers – are they supplying into Great Britain and then back out to us ?
Let ’ s understand it , and then let ’ s change it if @ @ @ @ @ @ @ holds , says Kelpie , “ it ’ s about putting people in charge themselves .
Obviously the authorities have their responsibilities , but we have to be informed as well .
“ It ’ s like with Covid .
You had to take responsibility for your individual behaviour during Covid .
So what ’ s your self-responsibility in regard to climate ?
” In the Donan household , everyone is taking that responsibility seriously .
Digging was eight-year-old Tiernan ’ s favourite part , and waiting for the strawberries to ripen .
@ @ @ @ @ @ @ supermarket ones , ” agrees older sister Maebh ( 12 ) .
“ It is scary thinking about climate change , so at least you ’ re doing your tiny bit , ” she says .
For more information on the Acorn Farm Project , or to get involved , contact skelpie @ communityfoundationni.org

Hayley Donan with her son Tiernan and daughter Maebh in the garden where they grow their own veg. Photograph: Martin McKeown
During lockdown, Hayley Donan turned her back garden into a vegetable patch.
So far, she and her family have enjoyed everything from courgettes, peas and potatoes to borage – “good for the bees” – sorrel and Swiss chard. “It comes up pretty quickly, it’s easy to grow, and it has lovely rainbow colours.”
There have been other benefits: “During lockdown, people had to slow down and reconnect with nature and their local environment,” says Donan. “Handling greenery also affects your wellbeing, and that’s something I think we’ve lost from modern life.”
Hayley Donan began growing vegetables in her back garden during lockdown. Photograph: Martin McKeown
It has long been part of Donan's life. A floristry teacher and a member of Conservation Volunteers, her backyard vegetable patch became the pilot for a project which will recruit 100 families in Derry and Strabane to tackle climate change by growing food at home.
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Funded by £200,000 (€220,500) from the National Lottery Community Fund, it is part of the Community Foundation NI's Acorn Farm Project, which aims to create a more sustainable food system throughout the city and district by researching where its food comes from.
"Climate change is frightening," says fund officer Shauna Kelpie, "but so often, when you change something, you can't see what your contribution is.
“There are a lot of air miles attached to a tomato, so if you just grow your tomatoes, automatically you’re doing something.
“It’s putting people in charge of their response to climate change through their food choice, about the food that we eat and where it comes from.”
Pandemic
This has been thrown into sharper relief by the coronavirus pandemic. “During lockdown, people could see the value in where they lived,” says Kelpie. “The number of people who got out walking, or families you’d see out walking together, it was almost a throwback, a questioning of what the values are in our lives.”
Says Donan: “It brought things like community resilience and self-sufficiency back into people’s consciousness, and improving the damage we’re doing to the environment with our lifestyles.
“It’s just about having a go. Start with something simple, like the ingredients for a salad, which you could even do in a pot on your kitchen windowsill. You don’t need much space.”
In the long term, the plan is to create an innovation hub for sustainable food production in one of the city’s parks.
“Covid highlighted that we were totally reliant on ferries coming in from England with our food,” says Kelpie. “With Brexit, there are also huge questions that haven’t been addressed. So part of this project is discussing that, and understanding that, so we are in a better position.”
This will give “a real sense of what the supply chain looks like and where our food’s coming from”. This includes “looking at our relationship with our rural farmers – are they supplying into Great Britain and then back out to us? Let’s understand it, and then let’s change it if we want to.”
Whatever the future holds, says Kelpie, “it’s about putting people in charge themselves. Obviously the authorities have their responsibilities, but we have to be informed as well.
“It’s like with Covid. You had to take responsibility for your individual behaviour during Covid. So what’s your self-responsibility in regard to climate?”
In the Donan household, everyone is taking that responsibility seriously. Digging was eight-year-old Tiernan’s favourite part, and waiting for the strawberries to ripen. “The strawberries tasted better than the supermarket ones,” agrees older sister Maebh (12).
“It is scary thinking about climate change, so at least you’re doing your tiny bit,” she says.
For more information on the Acorn Farm Project, or to get involved, contact skelpie@communityfoundationni.org


theirishtimes--2020-10-19--Red tape puts homeless families at risk of sleeping rough, says Dublin charity

Homeless families are at increasing risk of sleeping rough as they face “ obstacles , delays and red tape accessing emergency accommodation ” , according to a Dublin charity .
Inner City Helping Homeless ( ICHH ) said in the past week it had paid for hotel rooms for nine families who couldn ’ t get emergency beds , while in the past month a family arrived at its doors having slept rough overnight .
Its chief executive , Cllr Anthony Flynn , said after “ several months ” of very few families presenting – during the Government ’ s @ @ @ @ @ @ @ climbing again ” .
And because Dublin ’ s central homeless placement ( CPS ) service at Parkgate Hall is open by appointment only due to Covid restrictions , families can be “ waiting days ” to see a homelessness officer .
“ Red tape is taking longer to be sorted .
It ’ s blockade after blockade and families are being left with nowhere to go , ” said Cllr Flynn .
“ We ’ ve had nine families , between Tuesday and Thursday , who could not access emergency accommodation .
@ @ @ @ @ @ @ three phone calls from Garda stations where families arrived with nowhere to sleep .
About a month ago a Garda brought a family into us who had slept overnight on the quays .
They had three children under 12.
” A further issue was the “ hard line ” the Dublin Region Homeless Executive ( DRHE ) was taking on not accepting anyone from outside Dublin , he said .
“ Ping-ponging families between local authorities is not solving the problem.
” The CPS had “ continued throughout the pandemic , to provide @ @ @ @ @ @ @ .
“ Any family newly presenting as homeless… receives an initial homeless assessment over the phone .
Then , depending on their circumstances , they will be referred to our prevention team or be given a full homeless assessment over the phone or in person.
” Presentations were by appointment only , she confirmed , but appointments were given “ within 24 hours ” and families were told what paperwork to bring .
“ A full assessment must be carried out to ascertain the circumstances that lead to homelessness [ and ] to @ @ @ @ @ @ @ before an emergency placement is arranged.
” Cllr Flynn is calling for more CPS staff to speed up the service , as well as “ intermediary accommodation ” for families in crisis awaiting full assessments .
Among those helped by ICHH is Philomena and Sean Keogh , and their 10-year-old daughter .
The family became homeless in April 2020 , following an attack on their home .
They felt unsafe and it was agreed by Dublin City Council that they surrender their tenancy , and be housed elsewhere .
This has yet to @ @ @ @ @ @ @ hotel , then a family hub and the couple separated temporarily .
Ms Keogh had a breakdown in August .
“ I didn ’ t even know where I was , what I was doing .
I had a massive breakdown .
I couldn ’ t stop crying .
Everything just got the better of me , ” she said .
Gardaí were called by hub staff .
Three daughters , aged 10 , eight and three , were taken into emergency care , while Ms Keogh was admitted to hospital .
A @ @ @ @ @ @ @ the time and remains there .
Following discharge from hospital she and Sean reunited .
Two of the children remain in the care of a family friend .
They and their 10-year-old stayed with friends for a few weeks , before paying for their own B & B room until money ran out .
They have been unable to access emergency accommodation as a family as Sean ’ s name was removed from their homelessness assessment .
It has taken almost two weeks to have Sean ’ s name put back on their @ @ @ @ @ @ @ been paid for by two charities – ICHH and the Lighthouse .
“ It has been so stressful , awful , ” said Ms Keogh .
“ It ’ s very upsetting to be treated like this .
Only for the Lighthouse , and for Anthony , we would have been walking the streets .
How can they leave people like this ?
” The family was placed in a city centre B & B on Friday evening .
They said it was “ not fit ” for children and hope to be @ @ @ @ @ @ @ can be reunited .

Homeless families are at increasing risk of sleeping rough as they face “obstacles, delays and red tape accessing emergency accommodation”, according to a Dublin charity.
Inner City Helping Homeless (ICHH) said in the past week it had paid for hotel rooms for nine families who couldn’t get emergency beds, while in the past month a family arrived at its doors having slept rough overnight.
Its chief executive, Cllr Anthony Flynn, said after "several months" of very few families presenting – during the Government's moratorium on evictions – numbers were "climbing again".
And because Dublin's central homeless placement (CPS) service at Parkgate Hall is open by appointment only due to Covid restrictions, families can be "waiting days" to see a homelessness officer.
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"Red tape is taking longer to be sorted. It's blockade after blockade and families are being left with nowhere to go," said Cllr Flynn.
“We’ve had nine families, between Tuesday and Thursday, who could not access emergency accommodation. In the last two weeks we had three phone calls from Garda stations where families arrived with nowhere to sleep. About a month ago a Garda brought a family into us who had slept overnight on the quays. They had three children under 12.”
A further issue was the “hard line” the Dublin Region Homeless Executive (DRHE) was taking on not accepting anyone from outside Dublin, he said. “Ping-ponging families between local authorities is not solving the problem.”
A DRHE spokeswoman rejected Cllr Flynn’s assertions as “absolutely untrue and misleading”.
The CPS had “continued throughout the pandemic, to provide a full service”, she said.
“Any family newly presenting as homeless… receives an initial homeless assessment over the phone. Then, depending on their circumstances, they will be referred to our prevention team or be given a full homeless assessment over the phone or in person.”
Presentations were by appointment only, she confirmed, but appointments were given “within 24 hours” and families were told what paperwork to bring.
“A full assessment must be carried out to ascertain the circumstances that lead to homelessness [and] to ensure the required documentation is in order before an emergency placement is arranged.”
Cllr Flynn is calling for more CPS staff to speed up the service, as well as “intermediary accommodation” for families in crisis awaiting full assessments.
Tenancy surrender
Among those helped by ICHH is Philomena and Sean Keogh, and their 10-year-old daughter. The family became homeless in April 2020, following an attack on their home. They felt unsafe and it was agreed by Dublin City Council that they surrender their tenancy, and be housed elsewhere. This has yet to happen.
They were placed in a hotel, then a family hub and the couple separated temporarily. Ms Keogh had a breakdown in August.
“I didn’t even know where I was, what I was doing. I had a massive breakdown. I couldn’t stop crying. Everything just got the better of me,” she said.
Gardaí were called by hub staff. Three daughters, aged 10, eight and three, were taken into emergency care, while Ms Keogh was admitted to hospital. A fourth daughter was staying with family at the time and remains there.
Following discharge from hospital she and Sean reunited. Two of the children remain in the care of a family friend. They and their 10-year-old stayed with friends for a few weeks, before paying for their own B&B room until money ran out.
They have been unable to access emergency accommodation as a family as Sean’s name was removed from their homelessness assessment.
It has taken almost two weeks to have Sean’s name put back on their file during which time their accommodation has been paid for by two charities – ICHH and the Lighthouse.
“It has been so stressful, awful,” said Ms Keogh. “It’s very upsetting to be treated like this. Only for the Lighthouse, and for Anthony, we would have been walking the streets. How can they leave people like this?”
The family was placed in a city centre B&B on Friday evening. They said it was “not fit” for children and hope to be moved to accommodation where the full family can be reunited.


theirishtimes--2020-10-20--Covid-19: Policy reversal means State to enter Level 5 curbs for six weeks

Following days of warnings from senior public health officials about the continuing spread of Covid-19 , the Government last night reversed its previous stance and announced the introduction of Level 5 restrictions for the entire State for the next six weeks .
In a televised address to the country from Government Buildings last night , Taoiseach Micheál Martin said that while the restrictions of recent weeks have “ slowed the spread of the virus , this has not been enough , and further action is now required ” .
The decision was announced after a Cabinet meeting arranged at short @ @ @ @ @ @ @ move , although not without some dissent from Ministers .
The measures come into place tomorrow night .
Under the Level 5 plan announced last night , schools and childcare facilities will remain open , as will construction sites and manufacturing , but non-essential retail businesses and services such as hairdressing will be forced to close , plunging tens of thousands of people into unemployment and costing the exchequer hundreds of millions of euro in lost taxes and in welfare payments .
People will be told not to travel more than 5km from @ @ @ @ @ @ @ fines for those who break the rules .
Teachers ’ unions last night expressed concern about keeping the schools open .
But Mr Martin said the advice was that schools are safe places for children .
Government sources privately fear that the unions will not co-operate on the new plan .
Last night ’ s announcement came after the Government resisted calls from the National Public Health Emergency Team ( Nphet ) and chief medical officer Dr Tony Holohan in the past fortnight for a move to Level 5 , the most severe @ @ @ @ @ @ @ of Covid restrictions .
Cabinet sources said that key to the abrupt change was the support of Tánaiste and Minister for Enterprise Leo Varadkar for the new restrictions .
Previously , Mr Varadkar had been among those who were reluctant to introduce a new lockdown , and he was very critical of Nphet ’ s approach to the issue .
However , Mr Varadkar is said to have changed his mind after a series of warnings from public health experts about the increasing prevalence of the virus in recent days .
Last night @ @ @ @ @ @ @ Covid-19 reported by Nphet brought the total number of coronavirus cases in the State to 50,993 , less than eight months after the first case of the virus was recorded in Ireland .
As of 2pm yesterday , 298 Covid-19 patients were in hospital , including 34 in ICU .
There were 20 hospitalisations from the disease in the past 24 hours .
But there was significant dissent within Government over the latest move .
Although they acquiesced in the decision reached by Mr Varadkar , Mr Martin and Green Party leader Eamon @ @ @ @ @ @ @ economy and public spending , Paschal Donohoe and Michael McGrath , are understood to have opposed the move over the weekend , only accepting the decision when the party leaders pushed for it yesterday .
Minister for Health Stephen Donnelly was also sceptical of the need to move to Level 5 over the weekend , though he told RTÉ last night he was “ convinced ” of the need for the move .
Minister for Foreign Affairs Simon Coveney had also questioned the need for a six-week lockdown , while other Ministers suggested @ @ @ @ @ @ @ sufficient .
Ministers eventually decided the lockdown will be reviewed after four weeks .
Party leaders were alarmed by the warnings that infection numbers could spiral over the coming weeks .
A full six-week lockdown will mean new cases of about 50-100 per day as the Christmas season got under way , Nphet told Government in a letter last week .
However , failure to impose a full six-week lockdown would mean about 1,000 cases a day could still be expected in the middle of December , Nphet warned .
Failure to enforce @ @ @ @ @ @ @ mean the disease would effectively be out of control over the Christmas period , Nphet suggested .

Taoiseach Micheál Martin has announced that the entire country will move to level 5 for a period of six weeks. The new restrictions will take effect at midnight on Wednesday and remain in place until December 1. Video: RTE
Following days of warnings from senior public health officials about the continuing spread of Covid-19, the Government last night reversed its previous stance and announced the introduction of Level 5 restrictions for the entire State for the next six weeks.
In a televised address to the country from Government Buildings last night, Taoiseach Micheál Martin said that while the restrictions of recent weeks have “slowed the spread of the virus, this has not been enough, and further action is now required”.
The decision was announced after a Cabinet meeting arranged at short notice yesterday gave its approval for the move, although not without some dissent from Ministers. The measures come into place tomorrow night.
Hospital Report
Do you think your business will be able to survive further restrictions in the coming weeks or months? What impact could it have on your income, your company’s finances, and you personally? Photograph: Getty Images
Under the Level 5 plan announced last night, schools and childcare facilities will remain open, as will construction sites and manufacturing, but non-essential retail businesses and services such as hairdressing will be forced to close, plunging tens of thousands of people into unemployment and costing the exchequer hundreds of millions of euro in lost taxes and in welfare payments.
READ MORE
Not to travel
People will be told not to travel more than 5km from their homes, and there will be fines for those who break the rules.
Teachers’ unions last night expressed concern about keeping the schools open. But Mr Martin said the advice was that schools are safe places for children. Government sources privately fear that the unions will not co-operate on the new plan.
Face masks for sale in abundance in Dublin city centre. Photograph: Paul Faith/AFP/Getty
Last night's announcement came after the Government resisted calls from the National Public Health Emergency Team (Nphet) and chief medical officer Dr Tony Holohan in the past fortnight for a move to Level 5, the most severe stage of the Government's framework of Covid restrictions. Cabinet sources said that key to the abrupt change was the support of Tánaiste and Minister for Enterprise Leo Varadkar for the new restrictions. Previously, Mr Varadkar had been among those who were reluctant to introduce a new lockdown, and he was very critical of Nphet's approach to the issue.
However, Mr Varadkar is said to have changed his mind after a series of warnings from public health experts about the increasing prevalence of the virus in recent days.
Last night, a further 1,031 confirmed cases of Covid-19 reported by Nphet brought the total number of coronavirus cases in the State to 50,993, less than eight months after the first case of the virus was recorded in Ireland. As of 2pm yesterday, 298 Covid-19 patients were in hospital, including 34 in ICU. There were 20 hospitalisations from the disease in the past 24 hours. But there was significant dissent within Government over the latest move. Although they acquiesced in the decision reached by Mr Varadkar, Mr Martin and Green Party leader Eamon Ryan, the Ministers responsible for the economy and public spending, Paschal Donohoe and Michael McGrath, are understood to have opposed the move over the weekend, only accepting the decision when the party leaders pushed for it yesterday.
Taoiseach Micheál Martin announces a move to Level 5 for the whole State, at Government Buildings in Dublin. Photograph: Julien Behal/Pool/AFP via Getty Images
Minister for Health Stephen Donnelly was also sceptical of the need to move to Level 5 over the weekend, though he told RTÉ last night he was "convinced" of the need for the move.
Minister for Foreign Affairs Simon Coveney had also questioned the need for a six-week lockdown, while other Ministers suggested a three- or four-week period would be sufficient. Ministers eventually decided the lockdown will be reviewed after four weeks.
Infection numbers
Party leaders were alarmed by the warnings that infection numbers could spiral over the coming weeks. A full six-week lockdown will mean new cases of about 50-100 per day as the Christmas season got under way, Nphet told Government in a letter last week. However, failure to impose a full six-week lockdown would mean about 1,000 cases a day could still be expected in the middle of December, Nphet warned.
Failure to enforce a full lockdown for six weeks would mean the disease would effectively be out of control over the Christmas period, Nphet suggested.


theirishtimes--2020-10-20--Coronavirus: Why Level 3 failed and why Level 5 might too

Too many contacts .
That is why Level 3 did not work , experts say , and why more severe public restrictions being set by the Government will not work either without greater public buy-in or enforcement .
After four weeks of life under Level 3 in Dublin , three weeks in Donegal and two weeks for the rest of the country , the Government finally admitted at the weekend that the restrictions were not working .
The number of infections has continued to increase sharply over the past month .
On September 18th , the day Dublin was moved @ @ @ @ @ @ @ 123.6 cases per 100,000 people ; it has since risen to 232.2 cases , an increase of 88 per cent .
On September 24th , the day Donegal moved to Level 3 , the rate was 159.6 cases per 100,000 .
It is now 347.4 cases , having more than doubled in that time , or more precisely , a 118 per cent increase .
On October 5th , the day the rest of the country was escalated to Level 3 , the national incidence rate was 116 cases per 100,000 .
It @ @ @ @ @ @ @ per 100,000 since then .
“ The problem is that people are continuing to have too many contacts and the virus is in the community and it is continuing to spread , ” says UCC professor of epidemiology Patricia Kearney .
Despite calls from the National Public Health Emergency Team on the public to reduce discretionary contacts , average close contacts for infected people fell slightly on last month but it still remains above five per person , well above an average of two after the March-April lockdown .
Videos of crowds after @ @ @ @ @ @ @ on public streets provided the visual evidence supporting what the Covid-19 incidence rates were showing .
To complicate matters , contact tracers have been reporting lengthy and challenging calls , including longer “ Call Three ” conversations with contacts of infected people to convince them to go for testing and to isolate and that they risk infecting others even if they are asymptomatic .
“ If people don ’ t buy into this , it is never going to stop , no matter how many levels of lockdown you go to .
If @ @ @ @ @ @ @ guidelines , then it is not going to stop the transmission of the virus , ” says Kingston Mills , professor of experimental immunology at Trinity College Dublin .
“ If you go to Level 5 and people don ’ t buy into it , it won ’ t work either .
All it is doing is delaying the inevitable , which is it will continue to spread.
” The recent well-publicised case studies of unrestrained community spread , including the man who failed to restrict his movements after a trip abroad and @ @ @ @ @ @ @ up to 10 households and a sports team , show the need to explain repeatedly the importance of self-isolating to the public and the requirement for enforcement where the rules are not obeyed .
The Government has said it is looking at introducing fines to enforce Covid-19 restrictions .
Across the Border in Northern Ireland , there are fines for failing to adhere to public measures .
“ You need to enforce the rules and you need to make it mandatory for people to take the test if they are called or to @ @ @ @ @ @ @ Without that , it just is not going to work.
” Saliva testing , which is less invasive and faster than back-of-nose swabs , may also encourage more people to come forward for testing and help improve public compliance , he said .
The restriction level set by Government will guide the public on the different ways it must comply but the overarching message remains the same .
“ We really need to have very high levels of restrictions to get the virus under control because clearly we have uncontrolled community transmission , @ @ @ @ @

Too many contacts. That is why Level 3 did not work, experts say, and why more severe public restrictions being set by the Government will not work either without greater public buy-in or enforcement.
After four weeks of life under Level 3 in Dublin, three weeks in Donegal and two weeks for the rest of the country, the Government finally admitted at the weekend that the restrictions were not working. The number of infections has continued to increase sharply over the past month.
On September 18th, the day Dublin was moved to Level 3, the rate was 123.6 cases per 100,000 people; it has since risen to 232.2 cases, an increase of 88 per cent.
Do you think your business will be able to survive further restrictions in the coming weeks or months? What impact could it have on your income, your company’s finances, and you personally? Photograph: Getty Images
On September 24th, the day Donegal moved to Level 3, the rate was 159.6 cases per 100,000. It is now 347.4 cases, having more than doubled in that time, or more precisely, a 118 per cent increase.
READ MORE
On October 5th, the day the rest of the country was escalated to Level 3, the national incidence rate was 116 cases per 100,000. It has more than doubled to 261.7 cases per 100,000 since then.
"The problem is that people are continuing to have too many contacts and the virus is in the community and it is continuing to spread," says UCC professor of epidemiology Patricia Kearney.
Despite calls from the National Public Health Emergency Team on the public to reduce discretionary contacts, average close contacts for infected people fell slightly on last month but it still remains above five per person, well above an average of two after the March-April lockdown.
Crowds gather
Videos of crowds after sports games or scenes of busy gatherings on public streets provided the visual evidence supporting what the Covid-19 incidence rates were showing.
To complicate matters, contact tracers have been reporting lengthy and challenging calls, including longer “Call Three” conversations with contacts of infected people to convince them to go for testing and to isolate and that they risk infecting others even if they are asymptomatic.
"If people don't buy into this, it is never going to stop, no matter how many levels of lockdown you go to. If people don't adhere to the guidelines, then it is not going to stop the transmission of the virus," says Kingston Mills, professor of experimental immunology at Trinity College Dublin.
“If you go to Level 5 and people don’t buy into it, it won’t work either. All it is doing is delaying the inevitable, which is it will continue to spread.”
The recent well-publicised case studies of unrestrained community spread, including the man who failed to restrict his movements after a trip abroad and infected at least 56 people, including up to 10 households and a sports team, show the need to explain repeatedly the importance of self-isolating to the public and the requirement for enforcement where the rules are not obeyed.
Fines for rule-breaking
The Government has said it is looking at introducing fines to enforce Covid-19 restrictions. Across the Border in Northern Ireland, there are fines for failing to adhere to public measures.
“You need to enforce the rules and you need to make it mandatory for people to take the test if they are called or to isolate,” says Mills. “Without that, it just is not going to work.”
Saliva testing, which is less invasive and faster than back-of-nose swabs, may also encourage more people to come forward for testing and help improve public compliance, he said.
The restriction level set by Government will guide the public on the different ways it must comply but the overarching message remains the same.
“We really need to have very high levels of restrictions to get the virus under control because clearly we have uncontrolled community transmission,” says Prof Kearney.