theirishtimes--2020-09-14--Lawyers expect flurry of legal actions after release of teachers’ estimated grades

Lawyers say the release of teachers ’ estimated percentage marks for Leaving Cert students on Monday is likely to result in a flurry of legal actions from parents whose children “ lost out ” under the calculated grades process .
Around 60,000 Leaving Cert students will be entitled to access their school-issued grades online from 9am and appeal their results .
In more than 20 per cent of cases these grades will differ from students ’ final results which they received last week .
The school-issued grades were adjusted under the Department of Education ’ s standardisation process , which @ @ @ @ @ @ @ for greater consistency across schools .
A total of 17 per cent of grades were adjusted downwards , while 4 per cent were adjusted upwards .
Brian Gill , head of employment law and commercial litigation at Callan Tansey Solicitors , said the disclosure of teachers ’ estimated grades would be important in determining whether students have sufficient grounds for legal action .
Another legal source , who declined to be named , said they have been contacted by significant numbers of students , parents and schools who feel their grades were disproportionately @ @ @ @ @ @ @ many cases students were from “ high-achieving ” schools – including private , non-fee paying and grind schools – where overall grades this year were significantly down on their historical achievement .
This was despite overall grade inflation this year .
“ Teachers ’ estimated grades and their class ranking will be important in determining if students were unfairly treated in the calculated grades process relative to others , ” the lawyer said .
“ That will be crucial in deciding if there are grounds for a judicial review.
” The Government is @ @ @ @ @ @ @ the previous administration was warned by the then attorney general that the calculated grades process had “ legal vulnerabilities ” .
Students will not , however , have immediate access to their class ranking , which will show the position students were placed in order of achievement by their teachers .
The department ’ s plan had been to release this data on Monday alongside students ’ estimated grades .
However , it dropped this following lobbying by teachers ’ unions who warned that this information was highly sensitive .
Sources have indicated @ @ @ @ @ @ @ a later date following a formal data access or Freedom of Information request .
The appeal process for students ’ grades will be limited to checking if data was entered accurately .
It will not involve reopening teachers ’ decision-making processes which resulted in their estimated grades .
Teachers were advised to “ securely destroy ” any supporting documentation they generated in reaching a decision on a student ’ s grades .
This included drafts of forms , personal notes or emails in which teachers discussed a student ’ s estimated percentage mark @ @ @ @ @ @ @ .
It is understood this was a condition made by teachers ’ unions in signing up to agree to the calculated grades process , along with a full indemnity in the event of any legal action .
Schools were directed to retain only the final forms submitted to the Department of Education which record students ’ final estimated marks and class rankings .

The Government is braced for potential legal actions given that the previous administration was warned by the then attorney general that the calculated grades process had ‘legal vulnerabilities’. Photograph: Getty Images
Lawyers say the release of teachers’ estimated percentage marks for Leaving Cert students on Monday is likely to result in a flurry of legal actions from parents whose children “lost out” under the calculated grades process.
Around 60,000 Leaving Cert students will be entitled to access their school-issued grades online from 9am and appeal their results.
In more than 20 per cent of cases these grades will differ from students’ final results which they received last week.
The school-issued grades were adjusted under the Department of Education’s standardisation process, which moved grades up or down to provide for greater consistency across schools.
READ MORE
A total of 17 per cent of grades were adjusted downwards, while 4 per cent were adjusted upwards.
Brian Gill, head of employment law and commercial litigation at Callan Tansey Solicitors, said the disclosure of teachers' estimated grades would be important in determining whether students have sufficient grounds for legal action.
Another legal source, who declined to be named, said they have been contacted by significant numbers of students, parents and schools who feel their grades were disproportionately lowered under the standardisation process.
In many cases students were from “high-achieving” schools – including private, non-fee paying and grind schools – where overall grades this year were significantly down on their historical achievement. This was despite overall grade inflation this year.
“Teachers’ estimated grades and their class ranking will be important in determining if students were unfairly treated in the calculated grades process relative to others,” the lawyer said. “That will be crucial in deciding if there are grounds for a judicial review.”
The Government is braced for potential legal actions given that the previous administration was warned by the then attorney general that the calculated grades process had “legal vulnerabilities”.
Students will not, however, have immediate access to their class ranking, which will show the position students were placed in order of achievement by their teachers.
The department’s plan had been to release this data on Monday alongside students’ estimated grades. However, it dropped this following lobbying by teachers’ unions who warned that this information was highly sensitive.
Sources have indicated that this information should be available at a later date following a formal data access or Freedom of Information request.
Entered accurately
The appeal process for students’ grades will be limited to checking if data was entered accurately. It will not involve reopening teachers’ decision-making processes which resulted in their estimated grades.
Teachers were advised to “securely destroy” any supporting documentation they generated in reaching a decision on a student’s grades.
This included drafts of forms, personal notes or emails in which teachers discussed a student’s estimated percentage mark or class ranking in a particular subject.
It is understood this was a condition made by teachers’ unions in signing up to agree to the calculated grades process, along with a full indemnity in the event of any legal action.
Schools were directed to retain only the final forms submitted to the Department of Education which record students’ final estimated marks and class rankings.


theirishtimes--2020-09-15--Some ‘free schools’ still charging enrolment fees despite ban on practice

Some schools have been charging parents up to hundreds of euro in enrolment fees despite legislation prohibiting the practice .
Between October 2019 and July 2020 , the Department of Education ’ s school governance section received more than 30 complaints from parents about schools charging admission fees in breach of the 2018 Admissions Act .
This legislation , which commenced on October 3rd , 2018 , prohibits so-called “ free schools ” – namely those in which students do not pay for tuition – from charging for enrolment or continued admission .
Clonkeen College , Oatlands College and Sancta @ @ @ @ @ @ @ schools in south Dublin - as well as Adamstown Castle Educate Together National School in Lucan , Co Dublin , are among those who have asked parents or guardians for non-refundable payments before children attend class .
Clonkeen requested €400 , Sancta Maria and Oatlands asked for €50 and Adamstown looked for €110 .
On foot of complaints , the department contacted a number of schools , advising them that such charges are illegal .
In several instances , schools subsequently reversed their policy .
However , as the names of the schools @ @ @ @ @ @ @ to a Freedom of Information request , it is unclear exactly how many schools have been in contravention of the law .
“ Where the department is notified of any alleged breaches of this section of the act , [ we ] will follow up directly with the school involved , to ensure that the school is in compliance with the act , and , where deposits have been paid , that they are refunded without delay , ” the department said .
On March 19th last , the department wrote to the @ @ @ @ @ @ @ Clonkeen College saying “ concerned parents ” had contacted it to complain that they were charged a fee as part of the admissions process .
It noted this was prohibited by law , adding : “ The department has also received a copy of a letter from the school to parents/ guardians offering a placement and requesting a payment of €400 to accompany the acceptance form , refundable upon the child being enrolled in the school.
” On March 30th Clonkeen ’ s board of management replied , telling the department it was @ @ @ @ @ @ @ of the relevant circular .
Clonkeen has since written to parents stating that its charges were not in compliance with the Education Act and offering a full refund .
Neither Clonkeen nor Sancta Maria responded to requests for comment .
Brian Smith , chair of the board of management of Adamstown , said that their parents were being asked for a voluntary contribution , not an admission fee , and that no child had or would be denied a school place if parents did not pay .
However , he said the admissions @ @ @ @ @ @ @ years , was “ badly worded ” and could have misled or confused parents .
The school is now writing to parents who were offered a place and did not accept , as well as the entire school community , to explain and apologise .
Oatlands said it had since updated its admissions policy , which it said was based on a template from the department ’ s website , but it did not address specific questions about the fee .
In its updated policy , a “ non-refundable… administration fee of €50 @ @ @ @ @ @ @ application form.
” The department said all schools were currently in the process of revising their school admission policies for the 2021/22 school year .

On foot of complaints, the Department of Education contacted a number of schools in the non fee-paying sector, advising them that admissions charges are illegal. Photograph: iStock
Some schools have been charging parents up to hundreds of euro in enrolment fees despite legislation prohibiting the practice.
Between October 2019 and July 2020, the Department of Education’s school governance section received more than 30 complaints from parents about schools charging admission fees in breach of the 2018 Admissions Act.
This legislation, which commenced on October 3rd, 2018, prohibits so-called “free schools” – namely those in which students do not pay for tuition – from charging for enrolment or continued admission.
Clonkeen College, Oatlands College and Sancta Maria Secondary School - all non-fee-paying secondary schools in south Dublin - as well as Adamstown Castle Educate Together National School in Lucan, Co Dublin, are among those who have asked parents or guardians for non-refundable payments before children attend class. Clonkeen requested €400, Sancta Maria and Oatlands asked for €50 and Adamstown looked for €110.
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On foot of complaints, the department contacted a number of schools, advising them that such charges are illegal. In several instances, schools subsequently reversed their policy. However, as the names of the schools were redacted by the department in response to a Freedom of Information request, it is unclear exactly how many schools have been in contravention of the law.
“Where the department is notified of any alleged breaches of this section of the act, [we] will follow up directly with the school involved, to ensure that the school is in compliance with the act, and, where deposits have been paid, that they are refunded without delay,” the department said.
On March 19th last, the department wrote to the chair of the board of management at Clonkeen College saying “concerned parents” had contacted it to complain that they were charged a fee as part of the admissions process.
It noted this was prohibited by law, adding: “The department has also received a copy of a letter from the school to parents/ guardians offering a placement and requesting a payment of €400 to accompany the acceptance form, refundable upon the child being enrolled in the school.”
On March 30th Clonkeen’s board of management replied, telling the department it was “now compliant” with the terms of the relevant circular.
Clonkeen has since written to parents stating that its charges were not in compliance with the Education Act and offering a full refund.
Neither Clonkeen nor Sancta Maria responded to requests for comment.
Brian Smith, chair of the board of management of Adamstown, said that their parents were being asked for a voluntary contribution, not an admission fee, and that no child had or would be denied a school place if parents did not pay. However, he said the admissions letter had not been revised in several years, was “badly worded” and could have misled or confused parents. The school is now writing to parents who were offered a place and did not accept, as well as the entire school community, to explain and apologise.
Oatlands said it had since updated its admissions policy, which it said was based on a template from the department’s website, but it did not address specific questions about the fee. In its updated policy, a “non-refundable… administration fee of €50 is requested with each [Oatlands] application form.”
The department said all schools were currently in the process of revising their school admission policies for the 2021/22 school year.


theirishtimes--2020-09-15--Calculated grades: Legal challenges over Leaving Cert results must clear a high bar

The Government ’ s decision to exclude from consideration how the past performance of a school should affect its students ’ Leaving Certificate results is expected to be a target of legal challenge .
There is a widespread view that an effect of this has been that students who attended schools , including grind schools , that have a track record of high achievement have had their results unfairly downgraded .
A case taken on behalf of such a student is expected in the High Court as early as this week , but a lot of detail and a strong @ @ @ @ @ @ @ the judge if the challenge is to cross its first hurdle .
In applications for a judicial review , the applicant has to first convince the court that they have standing in the matter – in other words , that it directly affects them – and that they have an arguable case .
While this step can sometimes be taken on a one-side-only basis , with only the arguments from the applicant being heard , it is open to the judge to invite the Department of Education to also address the court at @ @ @ @ @ @ @ will be looking for a lot of hard data , ” says Brian Gill of Callan Tansey solicitors , who is examining the topic because some students and their families have been in contact with him wondering if they could take a case .
“ The legal test is high.
” Among the issues that may have to be considered by the court would be the extent to which any unfairness that may have occurred is unlawful , given the conditions in which the exam result process was devised .
Also , when @ @ @ @ @ @ @ student from a particular grind school , or fee-paying school , or other type of school with a history of strong outcomes , was unfairly treated because of the way the system was devised , might raise questions as to how sensitive the system had to be , to all schools and students , if it was not going to create individual instances of apparent unfairness .
The judge hearing the case is likely to have to consider in great detail how the algorithms used by the department affected different categories of students @ @ @ @ @ @ @ review all this while bearing in mind the law in relation to the common good .
In judicial review decisions , the remedies that are available to the court are discretionary , meaning the details of the particular case , and the consequences of any particular decision , can feed into very particular rulings that may or may not have a more general effect .
It is difficult at this stage to see how any ruling that would have an effect beyond the instance of the student before the court could be devised @ @ @ @ @ @ @ results process .

The Government’s decision to exclude from consideration how the past performance of a school should affect its students’ Leaving Certificate results is expected to be a target of legal challenge.
There is a widespread view that an effect of this has been that students who attended schools, including grind schools, that have a track record of high achievement have had their results unfairly downgraded.
A case taken on behalf of such a student is expected in the High Court as early as this week, but a lot of detail and a strong case will have to be presented to the judge if the challenge is to cross its first hurdle.
In applications for a judicial review, the applicant has to first convince the court that they have standing in the matter – in other words, that it directly affects them – and that they have an arguable case.
READ MORE
While this step can sometimes be taken on a one-side-only basis, with only the arguments from the applicant being heard, it is open to the judge to invite the Department of Education to also address the court at this early stage.
"The courts will be looking for a lot of hard data," says Brian Gill of Callan Tansey solicitors, who is examining the topic because some students and their families have been in contact with him wondering if they could take a case. "The legal test is high."
Apparent unfairness
Among the issues that may have to be considered by the court would be the extent to which any unfairness that may have occurred is unlawful, given the conditions in which the exam result process was devised.
Also, when examined closely, the argument that a student from a particular grind school, or fee-paying school, or other type of school with a history of strong outcomes, was unfairly treated because of the way the system was devised, might raise questions as to how sensitive the system had to be, to all schools and students, if it was not going to create individual instances of apparent unfairness.
The judge hearing the case is likely to have to consider in great detail how the algorithms used by the department affected different categories of students and different categories of schools, and review all this while bearing in mind the law in relation to the common good.
In judicial review decisions, the remedies that are available to the court are discretionary, meaning the details of the particular case, and the consequences of any particular decision, can feed into very particular rulings that may or may not have a more general effect.
It is difficult at this stage to see how any ruling that would have an effect beyond the instance of the student before the court could be devised without threatening the whole 2020 Leaving Cert results process.


theirishtimes--2020-09-15--Coronavirus: Different plans discussed for Dublin amid ‘very worrying’ signs

The Government will decide this morning if it will escalate the alert level of Dublin above the rest of the State under its new medium-term Living with Covid-19 five-level plan , as serious concerns continue about the rates of infection in the capital .
At issue is whether to keep it at the second-most benign level of the five-level plan , Level 2 , despite the number of cases increasing twentyfold in the course of a month in the capital , or to raise it to Level 3 .
However , if it is kept at Level 2 , Dublin @ @ @ @ @ @ @ will be subject to additional restrictions including a delay in the reopening of wet pubs from the scheduled September 21st date , as well as a new measure which will say members of only one household will be allowed to visit another home .
It is also understood stopping all visits to residential care and nursing homes is being considered .
However , the other scenario that was being discussed by senior Ministers late last night was to designate Dublin at Level 3 but to modify some of the more severe restrictions associated @ @ @ @ @ @ @ hours of successive meetings yesterday involving the Cabinet sub-committee on Covid-19 and the three party leaders – Taoiseach Micheál Martin , Tánaiste Leo Varadkar and Green Party leader Eamon Ryan – the primary focus was on the deteriorating situation in Dublin .
“ They were long meetings , ” said a senior Government source .
“ Dublin is a serious worry.
” The source said , however , it would have been “ premature ” to assign the more serious Level 3 status to Dublin as the full analysis on the situation in @ @ @ @ @ @ @ .
“ All the indications are very worrying , ” added the source .
The Cabinet is due to give its final approval to the plan this morning including additional measures for Dublin .
Yesterday , Mr Varadkar gave an indication of the impact the heightened concerns over the situation in Dublin would have on the plan .
He referred to a twentyfold increase in cases in the space of a few weeks , declaring the capital would require additional restrictions and a “ different response ” than in the rest of the @ @ @ @ @ @ @ yet resulted in a dramatic increase in people in hospital or ICUs or deaths , the truth is that it is probably going to head that way if we don ’ t get on top of it , ” he said .
Another 208 confirmed coronavirus cases were reported by the National Public Health Emergency Team ( NPHET ) last night , including 108 in Dublin .
There were no new deaths .
The number of hospitalised patients has grown from 36 to 60 since the start of the month , while the @ @ @ @ @ @ @ six to 11 .
The incidence of Covid-19 in two areas of Dublin has risen above the 100 mark per 100,000 population for the first time since the spring , new figures show .
The 14-day incidence of the virus now stands at 107.5 per 100,000 people in Dublin South East and 116 in Dublin North West , according to the latest epidemiological report from the Health Protection Surveillance Centre ( HPSC ) .
Separately , the period for which people with Covid-19 are required to isolate is being cut from 14 days @ @ @ @ @ @ @ patients who test positive are being advised to self-isolate for “ a minimum of 10 days ” from the onset of symptoms .
Meanwhile , Licensed Vintners ’ Association chief executive Donall O ’ Keeffe said it would be “ unbelievable ” for the reopening of non-food Dublin pubs to be further delayed past September 21st .

Tánaiste Leo Varadkar speaks to the media during a tour of the K-Leisure facility in Naas, Co Kildare on Monday. Photograph: Niall Carson/PA Wire
The Government will decide this morning if it will escalate the alert level of Dublin above the rest of the State under its new medium-term Living with Covid-19 five-level plan, as serious concerns continue about the rates of infection in the capital.
At issue is whether to keep it at the second-most benign level of the five-level plan, Level 2, despite the number of cases increasing twentyfold in the course of a month in the capital, or to raise it to Level 3.
However, if it is kept at Level 2, Dublin’s population of 1.4 million people will be subject to additional restrictions including a delay in the reopening of wet pubs from the scheduled September 21st date, as well as a new measure which will say members of only one household will be allowed to visit another home. It is also understood stopping all visits to residential care and nursing homes is being considered.
Hospital Report
However, the other scenario that was being discussed by senior Ministers late last night was to designate Dublin at Level 3 but to modify some of the more severe restrictions associated with the elevated level.
READ MORE
In five hours of successive meetings yesterday involving the Cabinet sub-committee on Covid-19 and the three party leaders – Taoiseach Micheál Martin, Tánaiste Leo Varadkar and Green Party leader Eamon Ryan – the primary focus was on the deteriorating situation in Dublin.
“They were long meetings,” said a senior Government source. “Dublin is a serious worry.”
The source said, however, it would have been “premature” to assign the more serious Level 3 status to Dublin as the full analysis on the situation in the capital has not yet been done.
“All the indications are very worrying,” added the source.
The Cabinet is due to give its final approval to the plan this morning including additional measures for Dublin.
Heightened concerns
Yesterday, Mr Varadkar gave an indication of the impact the heightened concerns over the situation in Dublin would have on the plan. He referred to a twentyfold increase in cases in the space of a few weeks, declaring the capital would require additional restrictions and a “different response” than in the rest of the country.
“While that has not yet resulted in a dramatic increase in people in hospital or ICUs or deaths, the truth is that it is probably going to head that way if we don’t get on top of it,” he said.
Hospitalised patients
Another 208 confirmed coronavirus cases were reported by the National Public Health Emergency Team (NPHET) last night, including 108 in Dublin. There were no new deaths.
The number of hospitalised patients has grown from 36 to 60 since the start of the month, while the number in intensive care has increased from six to 11.
The incidence of Covid-19 in two areas of Dublin has risen above the 100 mark per 100,000 population for the first time since the spring, new figures show.
The 14-day incidence of the virus now stands at 107.5 per 100,000 people in Dublin South East and 116 in Dublin North West, according to the latest epidemiological report from the Health Protection Surveillance Centre (HPSC).
Separately, the period for which people with Covid-19 are required to isolate is being cut from 14 days to 10.
Under new guidelines, patients who test positive are being advised to self-isolate for “a minimum of 10 days” from the onset of symptoms.
Meanwhile, Licensed Vintners’ Association chief executive Donall O’Keeffe said it would be “unbelievable” for the reopening of non-food Dublin pubs to be further delayed past September 21st.


theirishtimes--2020-09-15--Gardaí believe youth beat homeless man to death ‘with his bare fists’

Gardaí believe a 16-year-old boy beat a homeless man to death “ with his bare fists ” after stealing his mobile phone .
The victim , a Romanian man in his 40s , was found dead in the early hours of Monday morning in a laneway in Kilmainham , Dublin 8 .
He had been living in Ireland for several years and was known to homeless services .
The teenage suspect , who lives in central Dublin , has been arrested by gardaí and remains in custody .
The youth was arrested after his friend went to gardaí and informed @ @ @ @ @ @ @ .
Investigators believe the teenager punched and kicked the man to death after the victim challenged him for stealing his phone .
“ We don ’ t think there was any weapon involved .
It was done with his bare hands , ” said a source .
Gardaí are “ reasonably certain ” they have identified the victim and are trying to track down his family in eastern Europe to inform them of the death , said a source .
“ He would have availed of our services most nights of the week @ @ @ @ @ @ @ the Homeless .
“ He was a very respectful man .
Very polite .
It was very sad to hear the news this morning.
” Gardaí are appealing for witnesses , particularly anyone who was in the Madison Lane area between the hours of 11pm and 2am , to come forward .
There has been a spike in homeless deaths in Ireland this year , despite fewer numbers sleeping on the streets during the height of the coronavirus pandemic .
Thirty-two homeless people have died so far in 2020 , including 10 deaths @ @ @ @

Gardaí on the scene at a laneway off Madison Road in Kilmainham, Dublin 8, where the man was found dead. Photograph: Ronan McGreevy/The Irish Times
Gardaí believe a 16-year-old boy beat a homeless man to death “with his bare fists” after stealing his mobile phone.
The victim, a Romanian man in his 40s, was found dead in the early hours of Monday morning in a laneway in Kilmainham, Dublin 8. He had been living in Ireland for several years and was known to homeless services.
The teenage suspect, who lives in central Dublin, has been arrested by gardaí and remains in custody.
The youth was arrested after his friend went to gardaí and informed them he had witnessed the fatal assault.
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Investigators believe the teenager punched and kicked the man to death after the victim challenged him for stealing his phone.
“We don’t think there was any weapon involved. It was done with his bare hands,” said a source.
Identification
Gardaí are “reasonably certain” they have identified the victim and are trying to track down his family in eastern Europe to inform them of the death, said a source.
“He would have availed of our services most nights of the week,” said Tony Walsh of Feed the Homeless. “He was a very respectful man. Very polite. It was very sad to hear the news this morning.”
Gardaí are appealing for witnesses, particularly anyone who was in the Madison Lane area between the hours of 11pm and 2am, to come forward.
There has been a spike in homeless deaths in Ireland this year, despite fewer numbers sleeping on the streets during the height of the coronavirus pandemic. Thirty-two homeless people have died so far in 2020, including 10 deaths in July alone.


theirishtimes--2020-09-15--Further delay to ‘wet pub’ reopening likely to be ‘unmitigated disaster’

The representative body for the Dublin pub trade has warned that a further delay in reopening “ wet pubs ” in the city would be “ an unmitigated disaster ” for the sector , pushing some publicans into default on mortgages as Covid-19 payment breaks are due to expire at the end of the month .
Licensed Vintners ’ Association chief executive Donall O ’ Keeffe said it would be “ unbelievable ” for the reopening of non-food Dublin pubs to be further delayed past September 21st , the fourth proposed reopening date .
He called on the Cabinet to @ @ @ @ @ @ @ do not serve food are due to reopen on September 21st but public health experts have said restrictions may be necessary to control high rates of infection in Dublin .
“ NPHET [ the National Public Health Emergency Team ] should focus on where the infections are , ” Mr O ’ Keeffe said .
“ These pubs have not contributed to that worrying trend of rising infections .
That has happened in homes , in the community and in other workplaces because the pubs will have been closed for 189 days by @ @ @ @ @ @ @ “ All hospitality businesses should face the same public health guidelines .
There have been 3,500 food pubs open since June 29th without any problems .
What is NPHET ’ s obsession with wet pubs ?
” Separately , intensive care consultant Catherine Motherway warned there could not be a return to the packed pubs of the past .
Dr Motherway , who is past president of the Intensive Care Society , said she would prefer to see people gathering in a controlled manner in small groups .
The level of intensive care @ @ @ @ @ @ @ of concern , she added , and any expansion in such numbers would be welcome in the national plan due to be announced on Tuesday .
She told RTÉ radio ’ s Morning Ireland programme that the rise in the numbers of people contracting Covid-19 in recent weeks had been predominantly among younger people who did not need the same levels of hospitalisation , which was good , but there remained the fear that the virus could spread in the community to more vulnerable people .
While the vulnerable have got better at @ @ @ @ @ @ @ , Dr Motherway said .
The survival rate in Ireland ’ s intensive care units for Covid-19 patients was good , she said , at 79 per cent , which compared well internationally .
Dr Motherway said she was confident the Health Service Executive was committed to improving intensive care bed capacity , but the lack of ICU beds was one of the reasons why there had been such a severe and prolonged lockdown .
The consultant , who is based at University Hospital Limerick where she has not seen a Covid-19 case @ @ @ @ @ @ @ time , called on people to gather in a controlled manner .
It was uncontrolled indoor gatherings that were the problem , she said .
While we needed to get back to some sort of normal life , it was not going to be the same as before .
There could not be a return to packed pubs , she said .

Licensed Vintners’ Association chief executive Donal O’Keefe: “There have been 3,500 food pubs open since June 29th without any problems. What is NPHET’s obsession with wet pubs?” Photograph: Gareth Chaney
The representative body for the Dublin pub trade has warned that a further delay in reopening “wet pubs” in the city would be “an unmitigated disaster” for the sector, pushing some publicans into default on mortgages as Covid-19 payment breaks are due to expire at the end of the month.
Licensed Vintners’ Association chief executive Donall O’Keeffe said it would be “unbelievable” for the reopening of non-food Dublin pubs to be further delayed past September 21st, the fourth proposed reopening date. He called on the Cabinet to stand by that date.
Pubs which do not serve food are due to reopen on September 21st but public health experts have said restrictions may be necessary to control high rates of infection in Dublin.
“NPHET [the National Public Health Emergency Team] should focus on where the infections are,” Mr O’Keeffe said.
READ MORE
“These pubs have not contributed to that worrying trend of rising infections. That has happened in homes, in the community and in other workplaces because the pubs will have been closed for 189 days by September 21st,” he said.
Packed pubs
“All hospitality businesses should face the same public health guidelines. There have been 3,500 food pubs open since June 29th without any problems. What is NPHET’s obsession with wet pubs?”
Separately, intensive care consultant Catherine Motherway warned there could not be a return to the packed pubs of the past.
Dr Motherway, who is past president of the Intensive Care Society, said she would prefer to see people gathering in a controlled manner in small groups.
The level of intensive care beds in the country remained an issue of concern, she added, and any expansion in such numbers would be welcome in the national plan due to be announced on Tuesday.
She told RTÉ radio’s Morning Ireland programme that the rise in the numbers of people contracting Covid-19 in recent weeks had been predominantly among younger people who did not need the same levels of hospitalisation, which was good, but there remained the fear that the virus could spread in the community to more vulnerable people.
ICU beds
While the vulnerable have got better at protecting themselves, there remained a risk, Dr Motherway said.
The survival rate in Ireland’s intensive care units for Covid-19 patients was good, she said, at 79 per cent, which compared well internationally.
Dr Motherway said she was confident the Health Service Executive was committed to improving intensive care bed capacity, but the lack of ICU beds was one of the reasons why there had been such a severe and prolonged lockdown.
The consultant, who is based at University Hospital Limerick where she has not seen a Covid-19 case in the intensive care unit for some time, called on people to gather in a controlled manner. It was uncontrolled indoor gatherings that were the problem, she said.
While we needed to get back to some sort of normal life, it was not going to be the same as before. There could not be a return to packed pubs, she said.


theirishtimes--2020-09-15--First Irish-based romance fraud operation uncovered in Dublin and Navan

Detectives have uncovered a “ control centre ” for a large-scale romance fraud operation in Ireland .
It is the first time a romance fraud operation has been uncovered within Ireland .
While many Irish people have fallen victim to such frauds in recent years , Garda investigations have invariably shown the suspects were operating from another country , making arrests and recovery of assets extremely difficult .
Examination of the evidence seized in Dublin and Meath is ongoing .
So far four victims have been identified in the computer records but sources say they expect to uncover many more @ @ @ @ @ @ @ into fake romantic relationships online before being financially exploited .
Fraudsters use fake identities to lure victims and build up trust .
Once trust has been established , the fraudster will start asking for increasing sums of money .
They often claim they need money to pay for travel expenses so they can come visit the victim or to help a sick family member .
The fraudsters arrested in Monday ’ s operation located victims on a popular dating site before moving the relationship to another forum and asking for money to allow @ @ @ @ @ @ @ the victims in last week ’ s Garda operation was convinced to send large sums of money to accounts that were traced to Ireland , Turkey , Dubai and Vietnam over a nine-month period .
Officers from the Garda National Economic Crime Bureau arrested three men during the search operations in Dublin and Navan on Monday and seized a large amount of computer evidence .
The men are being detained under section 50 of the Criminal Justice Act 2007 at Garda stations in west Dublin and can be kept for up to seven @ @ @ @ @ @ @ culmination of investigations into complaints of suspected romance and investment fraud , ” the Garda said in statement .
“ This is a novel investigation , as the senders of such emails have never been arrested in Ireland before , ” said Det Supt Michael Cryan .
“ To date , the belief would always have been that criminal groups engaged in this activity are operating from outside this jurisdiction .
This investigation shows that this is not always the case .
“ It is anticipated that numerous injured parties from all over @ @ @ @ @ @ @ We would encourage other victims of this type of fraud to report incidents to local gardaí.
” Last year the Garda received more than 75 romance fraud reports from Irish victims who had been conned out of more than €1 million .
While it was traditionally older women who fell victim to the scam , gardaí said the age profile had changed significantly in recent years and that it was dealing with victims of all ages .
It said it suspected there were many more victims out there as people , particularly young @ @ @ @ @ @ @ come forward .

Detectives have uncovered a "control centre" for a large-scale romance fraud operation in Ireland.
It is the first time a romance fraud operation has been uncovered within Ireland. While many Irish people have fallen victim to such frauds in recent years, Garda investigations have invariably shown the suspects were operating from another country, making arrests and recovery of assets extremely difficult.
Examination of the evidence seized in Dublin and Meath is ongoing. So far four victims have been identified in the computer records but sources say they expect to uncover many more.
Romance fraud involves victims being lured into fake romantic relationships online before being financially exploited. Fraudsters use fake identities to lure victims and build up trust.
READ MORE
Once trust has been established, the fraudster will start asking for increasing sums of money. They often claim they need money to pay for travel expenses so they can come visit the victim or to help a sick family member.
The fraudsters arrested in Monday’s operation located victims on a popular dating site before moving the relationship to another forum and asking for money to allow them to meet up.
One of the victims in last week's Garda operation was convinced to send large sums of money to accounts that were traced to Ireland, Turkey, Dubai and Vietnam over a nine-month period.
Officers from the Garda National Economic Crime Bureau arrested three men during the search operations in Dublin and Navan on Monday and seized a large amount of computer evidence.
Detained in Dublin
The men are being detained under section 50 of the Criminal Justice Act 2007 at Garda stations in west Dublin and can be kept for up to seven days.
“These arrests are a culmination of investigations into complaints of suspected romance and investment fraud,” the Garda said in statement.
"This is a novel investigation, as the senders of such emails have never been arrested in Ireland before," said Det Supt Michael Cryan.
“To date, the belief would always have been that criminal groups engaged in this activity are operating from outside this jurisdiction. This investigation shows that this is not always the case.
“It is anticipated that numerous injured parties from all over the world will now be identified. We would encourage other victims of this type of fraud to report incidents to local gardaí.”
Last year the Garda received more than 75 romance fraud reports from Irish victims who had been conned out of more than €1 million.
While it was traditionally older women who fell victim to the scam, gardaí said the age profile had changed significantly in recent years and that it was dealing with victims of all ages.
It said it suspected there were many more victims out there as people, particularly young men, were often too embarrassed to come forward.


theirishtimes--2020-09-15--Teenager accused of murder in south Dublin park says he acted in ‘fear’

A teenager accused of murder acted in fear during a “ terrifying brawl ” in a Dundrum park in South Dublin after seeing his friend being being beaten and kicked on the ground , a barrister has told the Central Criminal Court .
Michael Bowman SC said the 17-year-old accused , who can not be named , said his client believed he was acting in self-defence and should be found guilty of manslaughter and not murder .
A fight had “ spiralled out of control ” because of youthful male posturing , fear , adrenaline , immaturity and lack of @ @ @ @ @ @ @ but principally the accused , said Mr Bowman .
However , James Dwyer SC , for the prosecution , said the boy showed a “ clear intent ” to kill or cause serious harm when he stabbed Azzam Raguragui ( 18 ) in the chest and back .
His behaviour , counsel said , before , during and after showed a “ clear intent ” .
His statement to the Garda was a “ hastily prepared work of fiction that does not hold up to even the slightest scrutiny ” , the court @ @ @ @ @ @ @ to manslaughter but not guilty to the murder of Mr Raguragui at Finsbury Park , Dundrum , Dublin 14 on May 10th , 2019 .

A teenager accused of murder acted in fear during a "terrifying brawl" in a Dundrum park in South Dublin after seeing his friend being being beaten and kicked on the ground, a barrister has told the Central Criminal Court.
Michael Bowman SC said the 17-year-old accused, who cannot be named, said his client believed he was acting in self-defence and should be found guilty of manslaughter and not murder.
A fight had "spiralled out of control" because of youthful male posturing, fear, adrenaline, immaturity and lack of judgement by a lot of people, but principally the accused, said Mr Bowman.
However, James Dwyer SC, for the prosecution, said the boy showed a “clear intent” to kill or cause serious harm when he stabbed Azzam Raguragui (18) in the chest and back.
READ MORE
His behaviour, counsel said, before, during and after showed a “clear intent”. His statement to the Garda was a “hastily prepared work of fiction that does not hold up to even the slightest scrutiny”, the court heard.
The accused has pleaded guilty to manslaughter but not guilty to the murder of Mr Raguragui at Finsbury Park, Dundrum, Dublin 14 on May 10th, 2019.


theirishtimes--2020-09-15--Ireland’s new Covid-19 rule levels: A guide to what they could look like

This is the level that is closest to where we were in the summer .
It ’ s not normal , as restrictions remain .
No more than 10 visitors from three households can be in a home at any one time .
In addition , restrictions will apply to indoor and outdoor gatherings , although this might be varied by the Cabinet on Tuesday .
One hundred will be able to gather indoors for organised events , subject to social distancing .
For outdoor gatherings , such as matches , the advice from the National Public Health Emergency Team @ @ @ @ @ @ @ gather , although the Government is likely to increase that to 500 .
Working from home is encouraged but people will not be asked not to go into their workplace if social distancing guidelines can be achieved .
All hospitality premises will be open .
Here , pinches begin .
The number of people allowed to visit a home is reduced to six from three households .
The number of people allowed at indoor events – such as weddings , cinema and theatre – falls to 50 , down from 100 .
For @ @ @ @ @ @ @ to 50 – however , this is also going to be varied .
Wet pubs will be allowed reopen under Level Two .
This is a big step-up in restrictions .
For one , visitors will be barred from nursing and care homes , except for compassionate reasons and then they will only be allowed with full personal protective equipment to stop the virus getting inside the walls .
Six visitors to homes will be permissible , but only from two households , not three .
Some businesses will face closure orders , @ @ @ @ @ @ @ will affect the hospitality industry .
People will be asked to work from home .
Travel may be recommended only for essential reasons , but there would not be a formal ban .
Stiffer curbs on indoor and outdoor events would flow too .
Again , the screws will tighten .
Household visits will be banned , as will visits to most institutions .
Indoor gatherings will be banned .
Sports will happen without spectators .
There could also be travel restrictions , with people being asked to stay within the area or @ @ @ @ @ @ @ .
Schools and colleges will remain open , though subject to restrictions .
If ever implemented , it would take us back to the lockdown that happened during March and April with travel restricted to 5km of home , no travel to work and no indoor or outdoor gatherings .

An Taoiseach Micheál Martin has called for "concerted public action" as the Government announces its medium-term plan for coping with coronavirus. Video: RTÉ
Level one
This is the level that is closest to where we were in the summer. It's not normal, as restrictions remain. No more than 10 visitors from three households can be in a home at any one time.
In addition, restrictions will apply to indoor and outdoor gatherings, although this might be varied by the Cabinet on Tuesday. One hundred will be able to gather indoors for organised events, subject to social distancing .
For outdoor gatherings, such as matches, the advice from the National Public Health Emergency Team is that no more than 200 should gather, although the Government is likely to increase that to 500.
Working from home is encouraged but people will not be asked not to go into their workplace if social distancing guidelines cannot be achieved. All hospitality premises will be open.
READ MORE
Level two
Here, pinches begin. The number of people allowed to visit a home is reduced to six from three households. The number of people allowed at indoor events – such as weddings, cinema and theatre – falls to 50, down from 100.
For outdoor events, the number is reduced to 50 – however, this is also going to be varied. Wet pubs will be allowed reopen under Level Two.
Level three
This is a big step-up in restrictions. For one, visitors will be barred from nursing and care homes, except for compassionate reasons and then they will only be allowed with full personal protective equipment to stop the virus getting inside the walls.
Six visitors to homes will be permissible, but only from two households, not three. Some businesses will face closure orders, or limits on their operations. This will affect the hospitality industry.
People will be asked to work from home. Travel may be recommended only for essential reasons, but there would not be a formal ban. Stiffer curbs on indoor and outdoor events would flow too.
Level four
Again, the screws will tighten. Household visits will be banned, as will visits to most institutions. Indoor gatherings will be banned. Sports will happen without spectators.
There could also be travel restrictions, with people being asked to stay within the area or county where there is a level-four status. Schools and colleges will remain open, though subject to restrictions.
Level five
If ever implemented, it would take us back to the lockdown that happened during March and April with travel restricted to 5km of home, no travel to work and no indoor or outdoor gatherings.


theirishtimes--2020-09-14--Why are some ‘free’ schools charging admission fees in breach of law?

Two years ago legislation was enacted to end the practice of schools charging admission fees for enrolment .
The law is clear : “ A board shall not charge fees , or seek payments or contributions ( howsoever described ) as a condition of an application for admission of a student to a school or the admission or continued enrolment of a student in the school , ” according to the 2018 Admissions Act .
An investigation by The Irish Times , however , has found that a number of schools have been breaching this law and that parents who @ @ @ @ @ @ @ often struggle to have their rights upheld .
In some cases , parents are still facing bills of hundreds of euro in non-refundable fees for enrolment – even though the law expressly prohibits this .
Fee-paying schools are exempt from the regulation .
Clíona and Barry recently submitted applications to Clonkeen College and Oatlands College , two non-fee paying secondary schools for boys in south Co Dublin .
The schools are within five kilometres of each other .
Separately , they had already been declined a place in another school for their son @ @ @ @ @ @ @ On February 20th , 2020 , Clonkeen College wrote to parents , including Clíona and Barry , offering their sons a place in the school .
In this letter , parents were advised : “ In keeping with the school ’ s current admissions policy , a payment of €400 must accompany this acceptance form … The purpose of this payment is to discourage the practice of some parents initially accepting the offer of a place for their son in Clonkeen College but then later sending their son elsewhere .
Unfortunately , in @ @ @ @ @ @ @ Clonkeen College from extending second-round offers to deserving students on our waiting list.
” Following a series of requests for comment from Clonkeen , none of which the school replied to , it wrote to parents acknowledging that the fee was not in compliance with the 2018 Education Act and offered to refund them .
According to Oatlands College ’ s admissions policy for first years due to begin in September 2021 , a “ non-refundable ” application fee of €50 is requested with each application form .
In addition , the school @ @ @ @ @ @ @ of €200 must be paid when you accept a place in the college .
This is the administration charge for your son ’ s first year in college .
Items covered by this charge include photocopying , personal insurance , journal , house exams etc .
In cases of financial hardship please contact the principal.
” While schools are allowed to request voluntary contributions and administration charges , they are prohibited by law from making this a condition of admission to the school .
Fee-paying schools , however , are legally allowed to @ @ @ @ @ @ @ s always really difficult for parents in southeast Dublin to get a school place , ” says Clíona .
“ I completely understand that many parents put their child ’ s name down for multiple schools .
But because so many schools in south Dublin are fee-paying , parents are sometimes left with no choice but to put their child ’ s name down for them .
“ In our case , we have put our children ’ s names down for fee-paying schools but we are dreading the possibility that they ’ @ @ @ @ @ @ @ there is just no way we could afford the fees , whether or not we made multiple sacrifices .
We applied to a few places only because no parent around here could gamble on just one school .
We ’ re down €450 on application fees to non-fee paying schools and another €95 for a fee-paying school – before he ’ s even had a day in the classroom .
We just don ’ t have that kind of money.
” When contacted , Oatlands said it had since updated its admissions policy @ @ @ @ @ @ @ a template from the Department of Education ’ s website .
However , the policy available on the school website at the time of writing in early September still had references to these non-refundable payments .
Overall , records released under the Freedom of Information Act show that the Department of Education received at least 30 complaints from parents about schools which they said were illegally charging admission fees between October 2019 and July 2020 .
Schools are exempt from Freedom of Information legislation , so their names were redacted by the Department @ @ @ @ @ @ @ governance section received a particularly high volume of complaints from parents in late November 2019 , which a department official attributed to media coverage over an illegal admission charge .
In the correspondence , parents who contacted the department ’ s school governance section were told that they should contact the school ’ s board of management and point out that school admission fees were illegal .
“ It is a nonsense suggestion that parents contact the school ’ s board of management in the first instance , ” says Tara , a @ @ @ @ @ @ @ .
“ The boards of management are the very people who are illegally charging this money in the first place , and the Department of Education is telling us to pick a fight with our child ’ s school before they ’ ve even enrolled in it .
“ I went to the board , as advised , and told them I was out of work and didn ’ t have the money .
The board backed the school and told me I could pay in instalments .
A friend of mine , @ @ @ @ @ @ @ the ‘ walk of shame ’ several times to try and get her money back .
“ They made her dance through hoops .
It ’ s really hard for parents whose first child is going to school – their second child is more likely to get a place if they already have a sibling enrolled in the school.
” However , Tara says she accepts schools have a difficulty here .
“ Some people in south Dublin are taking up places waiting on fee-paying schools , so the non-fee schools think €400 @ @ @ @ @ @ @ parents who can afford six years of fee-paying school , and I can see how this might tie their hands.
” The Joint Managerial Body and the Irish Primary Principals ’ Network both said schools should adhere to the regulations .
“ We know that schools had their funding cut by 2010 , it was only partially restored in 2019 and , even with Covid-19 , school funding remains inadequate , ” says Páiric Clerkin , chief executive of the latter body .
“ But we are clear on our advice : under @ @ @ @ @ @ @ fees ] .
Schools can ask for a voluntary contribution but should never link it to admissions.
” * Names of parents have been changed at their request Last November a school told a parent that “ to accept a place , you do have to pay an acceptance payment of €250 … Only the payment that we used to get with the application form to register a student is now abolished.
” The parent sought advice from the department , stating that “ I ’ ve exhausted taking this further with the @ @ @ @ @ @ @ We are charging.
’ ” The department wrote to the school in question , and the school replied that the fee would not be a condition of admission to the school and that it would clarify and amend its admissions policy “ so it is clear to parents that the fee requested is voluntary and is not a condition of enrolment in the school ” .
The department informed the parent in question .
“ It seems the schools are now moving the goalposts , ” the parent said .
“ I have @ @ @ @ @ @ @ fee and at no point was the money considered voluntary .
I thank you for dealing with this matter , but I feel your department is not doing enough to enforce the legislation.
” Separately , on February 11th , the department wrote to the chair of a board of management to inform them that parents had complained about being charged an admission fee .
“ [ Parents ] were advised by the department that schools can not charge such a fee but they claim that when they returned to the school with @ @ @ @ @ @ @ provide them with a refund , ” the department said .
However , there is no written record of a school directly addressing these particular allegations .
The department redacted the names of all the schools involved .

Two years ago legislation was enacted to end the practice of schools charging admission fees for enrolment.
The law is clear: “A board shall not charge fees, or seek payments or contributions (howsoever described) as a condition of an application for admission of a student to a school or the admission or continued enrolment of a student in the school,” according to the 2018 Admissions Act.
An investigation by The Irish Times, however, has found that a number of schools have been breaching this law and that parents who are charged admission fees by individual schools often struggle to have their rights upheld. In some cases, parents are still facing bills of hundreds of euro in non-refundable fees for enrolment – even though the law expressly prohibits this. Fee-paying schools are exempt from the regulation.
Clíona and Barry recently submitted applications to Clonkeen College and Oatlands College, two non-fee paying secondary schools for boys in south Co Dublin.
READ MORE
The schools are within five kilometres of each other. Separately, they had already been declined a place in another school for their son but are on a waiting list.
On February 20th, 2020, Clonkeen College wrote to parents, including Clíona and Barry, offering their sons a place in the school.
In this letter, parents were advised: “In keeping with the school’s current admissions policy, a payment of €400 must accompany this acceptance form … The purpose of this payment is to discourage the practice of some parents initially accepting the offer of a place for their son in Clonkeen College but then later sending their son elsewhere. Unfortunately, in the past, this unfair practice prohibited Clonkeen College from extending second-round offers to deserving students on our waiting list.”
Following a series of requests for comment from Clonkeen, none of which the school replied to, it wrote to parents acknowledging that the fee was not in compliance with the 2018 Education Act and offered to refund them.
According to Oatlands College’s admissions policy for first years due to begin in September 2021, a “non-refundable” application fee of €50 is requested with each application form.
In addition, the school says, “a non-refundable amenity charge of €200 must be paid when you accept a place in the college. This is the administration charge for your son’s first year in college. Items covered by this charge include photocopying, personal insurance, journal, house exams etc. In cases of financial hardship please contact the principal.”
Prohibited by law
While schools are allowed to request voluntary contributions and administration charges, they are prohibited by law from making this a condition of admission to the school. Fee-paying schools, however, are legally allowed to charge application fees.
“It’s always really difficult for parents in southeast Dublin to get a school place,” says Clíona.
“I completely understand that many parents put their child’s name down for multiple schools. But because so many schools in south Dublin are fee-paying, parents are sometimes left with no choice but to put their child’s name down for them.
“In our case, we have put our children’s names down for fee-paying schools but we are dreading the possibility that they’re the only offers we get: there is just no way we could afford the fees, whether or not we made multiple sacrifices. We applied to a few places only because no parent around here could gamble on just one school. We’re down €450 on application fees to non-fee paying schools and another €95 for a fee-paying school – before he’s even had a day in the classroom. We just don’t have that kind of money.”
When contacted, Oatlands said it had since updated its admissions policy, which it said was based on a template from the Department of Education’s website.
However, the policy available on the school website at the time of writing in early September still had references to these non-refundable payments.
Overall, records released under the Freedom of Information Act show that the Department of Education received at least 30 complaints from parents about schools which they said were illegally charging admission fees between October 2019 and July 2020.
Schools are exempt from Freedom of Information legislation, so their names were redacted by the Department of Education
The department’s school governance section received a particularly high volume of complaints from parents in late November 2019, which a department official attributed to media coverage over an illegal admission charge.
In the correspondence, parents who contacted the department’s school governance section were told that they should contact the school’s board of management and point out that school admission fees were illegal.
"It is a nonsense suggestion that parents contact the school's board of management in the first instance," says Tara, a parent who spoke under condition of anonymity.
“The boards of management are the very people who are illegally charging this money in the first place, and the Department of Education is telling us to pick a fight with our child’s school before they’ve even enrolled in it.
“I went to the board, as advised, and told them I was out of work and didn’t have the money. The board backed the school and told me I could pay in instalments. A friend of mine, the sole breadwinner, had to do the ‘walk of shame’ several times to try and get her money back.
“They made her dance through hoops. It’s really hard for parents whose first child is going to school – their second child is more likely to get a place if they already have a sibling enrolled in the school.”
However, Tara says she accepts schools have a difficulty here.
“Some people in south Dublin are taking up places waiting on fee-paying schools, so the non-fee schools think €400 isn’t a lot for those parents who can afford six years of fee-paying school, and I can see how this might tie their hands.”
The Joint Managerial Body and the Irish Primary Principals’ Network both said schools should adhere to the regulations.
“We know that schools had their funding cut by 2010, it was only partially restored in 2019 and, even with Covid-19, school funding remains inadequate,” says Páiric Clerkin, chief executive of the latter body.
“But we are clear on our advice: under no circumstances should schools [charge admission fees]. Schools can ask for a voluntary contribution but should never link it to admissions.”
* Names of parents have been changed at their request
PARENTS’ COMPLAINTS: ‘SCHOOLS ARE MOVING THE GOALPOSTS’
Last November a school told a parent that “to accept a place, you do have to pay an acceptance payment of €250 … Only the payment that we used to get with the application form to register a student is now abolished.”
The parent sought advice from the department, stating that “I’ve exhausted taking this further with the school as their position is: ‘We are charging.’ ”
The department wrote to the school in question, and the school replied that the fee would not be a condition of admission to the school and that it would clarify and amend its admissions policy “so it is clear to parents that the fee requested is voluntary and is not a condition of enrolment in the school”.
The department informed the parent in question. “It seems the schools are now moving the goalposts,” the parent said. “I have emails and receipts relating to this acceptance fee and at no point was the money considered voluntary. I thank you for dealing with this matter, but I feel your department is not doing enough to enforce the legislation.”
Separately, on February 11th, the department wrote to the chair of a board of management to inform them that parents had complained about being charged an admission fee.
“[Parents] were advised by the department that schools cannot charge such a fee but they claim that when they returned to the school with this information, the school refused to provide them with a refund,” the department said.
However, there is no written record of a school directly addressing these particular allegations. The department redacted the names of all the schools involved.


theirishtimes--2020-09-14--Should my daughter defer her college place?

My daughter has received her first choice offer in the CAO round one for a course in Dublin , but almost everything will be delivered online .
We live in Tipperary and I can ’ t justify the cost of accommodation .
Would she be better off deferring for a year ?
Your dilemma is being played out in families all over Ireland right now .
Going to college is a right of passage for many young people and the prospect of the severely limited social and academic interactions which Covid-19 will allow is filling them with dread .
The @ @ @ @ @ @ @ use of their accommodation blocks , aimed at keeping Covid-19 at bay , would suggest that all social interactions will be extremely limited for those living on campus .
From a parent ’ s perspective , with money tight , it makes no sense to fund a student in college , when attending when required on a day per week or week per month basis or whatever arrangement is put in place , could save €10,000 on the overall cost of the year .
From your daughter ’ s perspective , that ’ @ @ @ @ @ @ @ be like .
The question that then arises is whether to defer her place until next year and hope that you are back in gainful employment and that a vaccine has become available to enable her to have a normal college life or to proceed with the truncated experience that seems to be on offer at the moment ?
At present , it seems highly unlikely that colleges will offer a significantly higher number of deferred places than normal , as to do so would skew the numbers attempting to secure places in @ @ @ @ @ @ @ not accept her offer , but this would place her in open competition in the 2021 CAO process .
If she were to take that route , what would she do for the year ?
Travel is out of the question , employment prospects for young school leavers are dire , and even volunteering will be severely constrained by Covid-19 regulations .
She could consolidate her knowledge of her field of interest by taking a Further Education course locally , but that still leaves her living at home .
I am afraid that @ @ @ @ @ @ @ down as a family and put the cards clearly on the table .
It would seem that compromise will be required to reach a resolution .
Financially , funding an apartment or other accommodation on a full-time basis is beyond reasonable in the present circumstances .
Commuting when required is not her preferred option , but if she wants to start her studies in 2020 , hoping for normality in the not too distant future , then it seems to me that this would meet both your budgetary and her desire for independence @ @

Financially, funding an apartment or other accommodation on a full-time basis is beyond reasonable in the present circumstances. Photograph: iStock
My daughter has received her first choice offer in the CAO round one for a course in Dublin, but almost everything will be delivered online. We live in Tipperary and I can’t justify the cost of accommodation. Would she be better off deferring for a year?
Your dilemma is being played out in families all over Ireland right now. Going to college is a right of passage for many young people and the prospect of the severely limited social and academic interactions which Covid-19 will allow is filling them with dread.
The regulations already published by colleges around the use of their accommodation blocks, aimed at keeping Covid-19 at bay, would suggest that all social interactions will be extremely limited for those living on campus.
From a parent’s perspective, with money tight, it makes no sense to fund a student in college, when attending when required on a day per week or week per month basis or whatever arrangement is put in place, could save €10,000 on the overall cost of the year. From your daughter’s perspective, that’s not what she dreamed college would be like.
READ MORE
The question that then arises is whether to defer her place until next year and hope that you are back in gainful employment and that a vaccine has become available to enable her to have a normal college life or to proceed with the truncated experience that seems to be on offer at the moment?
At present, it seems highly unlikely that colleges will offer a significantly higher number of deferred places than normal, as to do so would skew the numbers attempting to secure places in 2022.
She could of course simply not accept her offer, but this would place her in open competition in the 2021 CAO process.
If she were to take that route, what would she do for the year? Travel is out of the question, employment prospects for young school leavers are dire, and even volunteering will be severely constrained by Covid-19 regulations.
She could consolidate her knowledge of her field of interest by taking a Further Education course locally, but that still leaves her living at home.
I am afraid that you are going to have to sit down as a family and put the cards clearly on the table. It would seem that compromise will be required to reach a resolution. Financially, funding an apartment or other accommodation on a full-time basis is beyond reasonable in the present circumstances.
Commuting when required is not her preferred option, but if she wants to start her studies in 2020, hoping for normality in the not too distant future, then it seems to me that this would meet both your budgetary and her desire for independence options.


theirishtimes--2020-09-14--Time for schools to give short outdoor play multi-breaks a go

Our health and wellbeing have fast become top priorities as we do everything we can to stay safe from Covid-19 .
School leaders , teachers and managmenet have done an incredible job in recent weeks to enable children to returnto their educational settings .
Let no one underestimate the immense work involved in this task .
As we face into the winter months , our attention is drawn to outdoor play , not only for the its educational benefits but also for the potential reduction of virus risk .
In many Nordic countries , the school day is regularly punctuated @ @ @ @ @ @ @ .
Students spend 50 minutes to one hour participating in formal lessons in the classroom , followed by 15 minutes of free play outdoors .
This is repeated throughout the school day , with a longer break of 30 minutes at lunchtime .
Children can participate in up to four short breaks per day , along with one long break .
Research shows that outdoor play experiences provide multiple physical and mental benefits for children .
These include reduced obesity levels , increased physical activity , improved concentration , and enhanced social skills @ @ @ @ @ @ @ a growing concern in Ireland .
The incidence of being overweight in young children continues to rise .
Children are intrinsically motivated to move when given multiple opportunities for play outdoors .
Many children spend more time looking at screens than talking to their parents .
This has led to what has been termed “ nature deficit disorder ” , which may lead to an increase in shortened attention spans and an increase in childhood depression .
Opportunities for outdoor play has many benefits for learning , including an increased ability to focus @ @ @ @ @ @ @ formal classroom .
While outdoors , children can engage in a wide variety of experiences that are not available indoors .
Along with physical and cognitive benefits , outdoor play provides rich opportunities for the development of social skills such as communication and collaboration as children negotiate peer interactions and settle minor ( and sometimes major ! )
conflicts .
Free play , led by the children themselves , allows them to discover ways to relieve strong emotions and tension .
According to educationalist Friedrich Froebel , a child has an inborn desire @ @ @ @ @ @ @ .
Froebel ’ s interpretation of free play encompasses all the child ’ s imaginative thoughts and physical movements , using their senses to create and explore their environment .
Outdoor settings provide opportunities for adventurous and challenging play .
In contrast to indoor play , the outdoor environment presents open-ended prospects for problem-solving and risk-taking .
Open-ended play also offers opportunities for the development of imagination and creativity .
The combination of physical , social and emotional skills is critical to the holistic development of the child .
A play break can @ @ @ @ @ @ @ for formal learning in the classroom .
Since the beginning of the lockdown a lot has been learnt about minimising the risk of catching the Covid-19 virus .
Being outdoors decreases the chance of getting the virus 19-fold .
Applying this theory to the school setting suggests that giving children multiple opportunities to leave the classroom during the day may help decrease the risk of the virus .
An empty classroom provides a chance for the classroom to be regularly ventilated .
Risk-aversive perceptions and practices , along with sensitivities about the weather @ @ @ @ @ @ @ the lack of opportunities for outdoor play .
Cultural differences are important considerations when planning for outdoor play during the school day .
On a visit to a school in Denmark a couple of years ago , I was intrigued to see the whole school decant to the outdoor play area on a freezing day with temperatures of minus 3 degrees Celsius , following 50 minutes of formal classroom learning .
It was an unquestioned part of their school culture to do so .
All children had access to appropriate clothing , warm @ @ @ @ @ @ @ transitioned from the classroom to the outdoors in what seemed like a minute or two , picking up their wellingtons on the way .
According to the school principal , it took about three weeks for the youngest pupils to become efficient in this routine .
Back in the classroom , the children moved around indoors in thick woolen socks .
It would appear that there is resistance in Ireland to spending time outdoors during the school day .
It is fair to assume that this resistance is culturally embedded in general perceptions @ @ @ @ @ @ @ contrast , the Danish principal believed that it was important for children to have opportunities to run and play in the rain , building their resilience in the process .
Children generally enjoy being outside in all types of weather and seasons .
According to the Danish teachers , the physical , cognitive and social benefits of giving children frequent opportunities to play outdoors were worth the effort .
It might be the time for Irish schools to give short outdoor play multi-breaks a go as part of the response to making schools @ @ @ @ @ @ @ the Covid-19 pandemic .
It is important to note that play is not just a means to an end , it also has intrinsic value for children .
The fact that children also enjoy it makes the argument even more compelling !
Séamie Ó Néill is a former primary school principal and head of education at Maynooth University Froebel Department of Primary and Early Childhood Education .

Our health and wellbeing have fast become top priorities as we do everything we can to stay safe from Covid-19. School leaders, teachers and management have done an incredible job in recent weeks to enable children to returnto their educational settings. Let no one underestimate the immense work involved in this task.
As we face into the winter months, our attention is drawn to outdoor play, not only for the its educational benefits but also for the potential reduction of virus risk. In many Nordic countries, the school day is regularly punctuated with short breaks in the school playground. Students spend 50 minutes to one hour participating in formal lessons in the classroom, followed by 15 minutes of free play outdoors. This is repeated throughout the school day, with a longer break of 30 minutes at lunchtime. Children can participate in up to four short breaks per day, along with one long break.
Research shows that outdoor play experiences provide multiple physical and mental benefits for children. These include reduced obesity levels, increased physical activity, improved concentration, and enhanced social skills.
Despite heightened awareness, obesity is a growing concern in Ireland. The incidence of being overweight in young children continues to rise. Children are intrinsically motivated to move when given multiple opportunities for play outdoors. Many children spend more time looking at screens than talking to their parents.
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This has led to what has been termed “nature deficit disorder”, which may lead to an increase in shortened attention spans and an increase in childhood depression.
Opportunities for outdoor play has many benefits for learning, including an increased ability to focus and concentrate when children return to the formal classroom. While outdoors, children can engage in a wide variety of experiences that are not available indoors.
Along with physical and cognitive benefits, outdoor play provides rich opportunities for the development of social skills such as communication and collaboration as children negotiate peer interactions and settle minor (and sometimes major!) conflicts. Free play, led by the children themselves, allows them to discover ways to relieve strong emotions and tension.
Holistic development
According to educationalist Friedrich Froebel, a child has an inborn desire for activity which manifests itself in play. Froebel's interpretation of free play encompasses all the child's imaginative thoughts and physical movements, using their senses to create and explore their environment.
Outdoor settings provide opportunities for adventurous and challenging play. In contrast to indoor play, the outdoor environment presents open-ended prospects for problem-solving and risk-taking. Open-ended play also offers opportunities for the development of imagination and creativity.
The combination of physical, social and emotional skills is critical to the holistic development of the child. A play break can refresh the mind and ready the child for formal learning in the classroom.
Since the beginning of the lockdown a lot has been learnt about minimising the risk of catching the Covid-19 virus. Being outdoors decreases the chance of getting the virus 19-fold. Applying this theory to the school setting suggests that giving children multiple opportunities to leave the classroom during the day may help decrease the risk of the virus. An empty classroom provides a chance for the classroom to be regularly ventilated.
Risk-aversive perceptions and practices, along with sensitivities about the weather, appear to be important reasons for the lack of opportunities for outdoor play. Cultural differences are important considerations when planning for outdoor play during the school day.
On a visit to a school in Denmark a couple of years ago, I was intrigued to see the whole school decant to the outdoor play area on a freezing day with temperatures of minus 3 degrees Celsius, following 50 minutes of formal classroom learning. It was an unquestioned part of their school culture to do so. All children had access to appropriate clothing, warm coats, hats and gloves. Children transitioned from the classroom to the outdoors in what seemed like a minute or two, picking up their wellingtons on the way.
According to the school principal, it took about three weeks for the youngest pupils to become efficient in this routine. Back in the classroom, the children moved around indoors in thick woolen socks. It would appear that there is resistance in Ireland to spending time outdoors during the school day. It is fair to assume that this resistance is culturally embedded in general perceptions of ‘bad’ weather.
In contrast, the Danish principal believed that it was important for children to have opportunities to run and play in the rain, building their resilience in the process. Children generally enjoy being outside in all types of weather and seasons.
According to the Danish teachers, the physical, cognitive and social benefits of giving children frequent opportunities to play outdoors were worth the effort. It might be the time for Irish schools to give short outdoor play multi-breaks a go as part of the response to making schools as safe as possible in response to the Covid-19 pandemic.
It is important to note that play is not just a means to an end, it also has intrinsic value for children. The fact that children also enjoy it makes the argument even more compelling!
Séamie Ó Néill is a former primary school principal and head of education at Maynooth University Froebel Department of Primary and Early Childhood Education.


theirishtimes--2020-09-14--Thousands of workers across building sector back strikes if employers cut pay, conditions

Workers across the broader building and construction sectors have overwhelmingly backed potential strike action if employers move to reduce their terms and conditions .
Trade union Connect said on Monday night that industrial action in the construction sector could also be triggered if a planned 2.7 per cent pay rise due at the start of October was not paid .
Separately it has emerged that the Government is set to to amend existing financial emergency legislation which would facilitate pay increases for public health doctors .
It has been established health service policy that public health specialists should be afforded @ @ @ @ @ @ @ Crowe Horwath report on the specialty in December 2018 .
The trade union which represents public health doctors , the Irish Medical Organisation , said last week that public health doctors were playing a crucial role in the battle against Covid-19 but were just getting “ lip service ” for their efforts .
The Connect trade union , which has more than 20,000 members across the construction , electrical contracting and mechanical contracting sectors said there had been a massive vote of support for industrial action - up to and including strikes - @ @ @ @ @ @ @ reduce terms and conditions .
The ballot was held after the High Court found legally -binding sectoral employment orders negotiated between employers and unions on pay and conditions were unconstitutional .
The constitutional challenge to the sectoral employment orders was taken by electrical contractors .
On foot of their case a proposed sectoral employment order for the electrical contracting sector was deemed void .
However , the High Court subsequently deferred an order of unconstitutionality for two other sectoral employment orders covering the mechanical sector ( including plumbers , fitters and welders ) @ @ @ @ @ @ @ by the Government .
Connect said on Monday that members in the electrical contracting sector backed industrial action by 94 per cent , in the mechanical contracting sector by 96.7 per cent and in the construction sector by 97.5 per cent .
A number of other unions have organised similar protective ballots .
However Connect is the only union that represents workers in all of the sectors affected .
Meanwhile the Government is set to amend financial emergency legislation which will facilitate pay increases for public health doctors .
Informed sources said on @ @ @ @ @ @ @ and Reform would draft amendments to the existing financial legislation which currently prohibits pay increases for serving public servants .
It is understood that a memorandum will be prepared for the Cabinet before the end of September .
The Irish Medical Organisation ( IMO ) has been campaigning for some time for public health to become a consultant-led service and for public health specialists be awarded consultant contracts “ to reflect their expertise and specialist skills ” .
Public health specialists earn € 113,822 at present .
Hospital consultants with a type-A contract @ @ @ @ @ @ @ public patients - have a pay scale that ranges from €141,026 to €195,653 .
The Department of Health last week told The Irish Times that it , the Minister for Health Stephen Donnelly and the HSE were “ committed to the early introduction of a new model for public healthcare , as provided for the Programme for Government , and to the model incorporating consultant status for public health specialists ” .

Trade union Connect said industrial action in the construction sector could also be triggered if a planned 2.7 per cent pay rise due at the start of October was not paid. File photograph: Bloomberg
Workers across the broader building and construction sectors have overwhelmingly backed potential strike action if employers move to reduce their terms and conditions.
Trade union Connect said on Monday night that industrial action in the construction sector could also be triggered if a planned 2.7 per cent pay rise due at the start of October was not paid.
Separately it has emerged that the Government is set to to amend existing financial emergency legislation which would facilitate pay increases for public health doctors.
It has been established health service policy that public health specialists should be afforded consultant status following the publication of the Crowe Horwath report on the specialty in December 2018.
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The trade union which represents public health doctors, the Irish Medical Organisation, said last week that public health doctors were playing a crucial role in the battle against Covid-19 but were just getting "lip service" for their efforts.
The Connect trade union, which has more than 20,000 members across the construction, electrical contracting and mechanical contracting sectors said there had been a massive vote of support for industrial action - up to and including strikes - in the event of employers seeking to reduce terms and conditions.
The ballot was held after the High Court found legally -binding sectoral employment orders negotiated between employers and unions on pay and conditions were unconstitutional.
The constitutional challenge to the sectoral employment orders was taken by electrical contractors. On foot of their case a proposed sectoral employment order for the electrical contracting sector was deemed void.
Appeal by the Government
However, the High Court subsequently deferred an order of unconstitutionality for two other sectoral employment orders covering the mechanical sector (including plumbers, fitters and welders) and the construction sector pending an appeal by the Government.
Connect said on Monday that members in the electrical contracting sector backed industrial action by 94 per cent, in the mechanical contracting sector by 96.7 per cent and in the construction sector by 97.5 per cent.
A number of other unions have organised similar protective ballots. However Connect is the only union that represents workers in all of the sectors affected.
Meanwhile the Government is set to amend financial emergency legislation which will facilitate pay increases for public health doctors.
Informed sources said on Monday that the Department of Public Expenditure and Reform would draft amendments to the existing financial legislation which currently prohibits pay increases for serving public servants.
It is understood that a memorandum will be prepared for the Cabinet before the end of September.
The Irish Medical Organisation (IMO) has been campaigning for some time for public health to become a consultant-led service and for public health specialists be awarded consultant contracts “to reflect their expertise and specialist skills”.
Public health specialists earn € 113,822 at present. Hospital consultants with a type-A contract - which permits them to treat only public patients - have a pay scale that ranges from €141,026 to €195,653.
The Department of Health last week told The Irish Times that it, the Minister for Health Stephen Donnelly and the HSE were "committed to the early introduction of a new model for public healthcare, as provided for the Programme for Government, and to the model incorporating consultant status for public health specialists".


theirishtimes--2020-09-14--Proposed Sandymount cycle path delayed after local opposition

Proposals to introduce a two-way cycle path in Sandymount , south Dublin , have been deferred until the start of next year , following opposition from local residents .
Dublin City Council had intended to restrict vehicles to a single lane on Strand Road , to allow for a two-way cycle path to be introduced .
The coastal cycle path would be segregated from traffic with bollards and would look out onto Dublin Bay .
The one-way traffic lane would run southbound from Seán Moore Road , near Irishtown Stadium , to the Merrion Gates .
The proposal has been @ @ @ @ @ @ @ residents , who are concerned over potential increased traffic through the village and on smaller residential roads .
The changes were due to be introduced for a six-month trial period at the end of October , however it has now been deferred until January 2021 .
Councillors agreed to defer the trial until the beginning of next year at a meeting of the south east area committee on Monday .
A “ compromise ” motion proposed by Labour councillor Dermot Lacey to reduce the trial to four months beginning in January was defeated @ @ @ @ @ @ @ City Council in response to the motion agreeing to delay the cycle path trial until January was approved by councillors .
Cllr Lacey said while his “ compromise ” motion had been voted down , the council had agreed to further consultation with residents , as well as groups in favour of the proposal , such as the Dublin Cycling Campaign .
The local authority committed to revise the proposed scheme to take account of submissions on the plan received in recent weeks .
It also committed to provide “ a more comprehensive @ @ @ @ @ @ @ to show how the trial of the cycle route is proposed to be managed ” .
A council spokesman said it had received more than 2,500 submissions on the proposed cycle path .
The local authority had agreed to form a “ consultative committee with interested parties including local resident groups , chaired by the Lord Mayor ” , the spokesman said .
Paddy McCartan , Fine Gael councillor for the Pembroke area , said Sandymount residents ’ main concern was the knock-on effects of the changes on traffic .
“ The fear @ @ @ @ @ @ @ going down narrow parks and roads in Sandymount , ” he said .
Locals were particularly concerned about lorries and heavy goods vehicles that had used the road to travel north to the Tom Clarke Bridge would now be pushed onto smaller roads in the neighbourhood , he said .

Residents of Sandymount, Dublin are concerned about a proposed new two-way cycle track on Strand Road, which will turn the Dublin 4 road into a one-way street for general traffic for more than 2.5km. Video: Bryan O'Brien
Proposals to introduce a two-way cycle path in Sandymount, south Dublin, have been deferred until the start of next year, following opposition from local residents.
Dublin City Council had intended to restrict vehicles to a single lane on Strand Road, to allow for a two-way cycle path to be introduced.
The coastal cycle path would be segregated from traffic with bollards and would look out onto Dublin Bay. The one-way traffic lane would run southbound from Seán Moore Road, near Irishtown Stadium, to the Merrion Gates.
The proposal has been met with opposition from some local Sandymount residents, who are concerned over potential increased traffic through the village and on smaller residential roads.
READ MORE
The changes were due to be introduced for a six-month trial period at the end of October, however it has now been deferred until January 2021.
Councillors agreed to defer the trial until the beginning of next year at a meeting of the south east area committee on Monday.
A "compromise" motion proposed by Labour councillor Dermot Lacey to reduce the trial to four months beginning in January was defeated.
However, a report by Dublin City Council in response to the motion agreeing to delay the cycle path trial until January was approved by councillors.
Cllr Lacey said while his “compromise” motion had been voted down, the council had agreed to further consultation with residents, as well as groups in favour of the proposal, such as the Dublin Cycling Campaign.
The local authority committed to revise the proposed scheme to take account of submissions on the plan received in recent weeks.
It also committed to provide “a more comprehensive traffic management plan around the Sandymount area to show how the trial of the cycle route is proposed to be managed”.
A council spokesman said it had received more than 2,500 submissions on the proposed cycle path.
The local authority had agreed to form a “consultative committee with interested parties including local resident groups, chaired by the Lord Mayor”, the spokesman said.
Paddy McCartan, Fine Gael councillor for the Pembroke area, said Sandymount residents’ main concern was the knock-on effects of the changes on traffic. “The fear is this displaced traffic will end up going down narrow parks and roads in Sandymount,” he said.
Locals were particularly concerned about lorries and heavy goods vehicles that had used the road to travel north to the Tom Clarke Bridge would now be pushed onto smaller roads in the neighbourhood, he said.