theirishtimes--2020-12-09--Whistle-blowers in health sector most likely to be punished, report finds

Whistle-blowers in the health sector are the most likely to be punished for disclosing alleged wrongdoing , according to a new report by Transparency International Ireland .
Its data , based on helpline calls received from 2017 to 2020 , shows that 40 per cent of those working in healthcare were penalised after raising their concerns , a rate far higher than an overall average of 24 per cent across all sectors .
The organisation has also said that free legal advice given to those who believe their concerns merit exposure has reached almost €900,000 since 2016 .
Its third @ @ @ @ @ @ @ Wednesday to mark International Anti-Corruption Day and is based on information obtained from 566 callers .
Whistle-blowers from the policing sector reported similar rates of retaliation to healthcare at 38 per cent , with those working in banking and finance at 30 per cent .
The greatest number of calls came from the charities and NGO sector with health and education second and third .
Since the enactment of the Protected Disclosures Act in 2014 , TI Ireland said it has seen a 123 per cent increase in the number of calls from @ @ @ @ @ @ @ over 1,700 people .
“ The Covid-19 pandemic creates the conditions in which corruption can thrive , ” said chief executive John Devitt .
“ [ Whistle-blowers ] continue to face retaliation for speaking up and this continues to be the biggest barrier to reporting wrongdoing.
” Accusations of regulatory breaches were the top issue identified by those who contacted the organisation at 30 per cent , followed by whistle-blower retaliation ( 24 per cent ) and fraud or false accounting ( 17.5 per cent ) .
However , Mr Devitt pointed out @ @ @ @ @ @ @ that an increase in contact from any specific sector was an indication of greater problems – it could even be a reflection of a culture more proactive in promoting whistleblowing or in which staff feel safer speaking up .
Most of those contacting the Speak Up helpline received basic information and advice on reporting channels , although over 22 per cent were referred to a relevant agency , and 16 per cent to a legal adviser .
The Transparency Legal Advice Centre ( TLAC ) provides a free service for whistle-blowers .
The @ @ @ @ @ @ @ notably the EU Whistleblowing Directive that takes effect in late 2021 and which will require employers with more than 50 staff to establish whistle-blowing procedures .
It will also reverse the burden of proof , thereby requiring employers to show they did not penalise a worker for making a protected disclosure .
As well as a change to legislation governing the disclosure of financial interests in public office , the report calls for proactive intelligence sharing among law-enforcement agencies to detect corruption and economic crime .

Some 40 per cent of those working in healthcare were penalised after raising concerns between 2017 and 2020. File photograph: iStock
Whistle-blowers in the health sector are the most likely to be punished for disclosing alleged wrongdoing, according to a new report by Transparency International Ireland.
Its data, based on helpline calls received from 2017 to 2020, shows that 40 per cent of those working in healthcare were penalised after raising their concerns, a rate far higher than an overall average of 24 per cent across all sectors.
The organisation has also said that free legal advice given to those who believe their concerns merit exposure has reached almost €900,000 since 2016.
Its third annual Speak Up report is published on Wednesday to mark International Anti-Corruption Day and is based on information obtained from 566 callers.
READ MORE
Whistle-blowers from the policing sector reported similar rates of retaliation to healthcare at 38 per cent, with those working in banking and finance at 30 per cent.
The greatest number of calls came from the charities and NGO sector with health and education second and third.
Since the enactment of the Protected Disclosures Act in 2014, TI Ireland said it has seen a 123 per cent increase in the number of calls from whistle-blowers and has offered free support to over 1,700 people.
"The Covid-19 pandemic creates the conditions in which corruption can thrive," said chief executive John Devitt. "[Whistle-blowers] continue to face retaliation for speaking up and this continues to be the biggest barrier to reporting wrongdoing."
Accusations of regulatory breaches were the top issue identified by those who contacted the organisation at 30 per cent, followed by whistle-blower retaliation (24 per cent) and fraud or false accounting (17.5 per cent).
However, Mr Devitt pointed out that it would be wrong to infer that an increase in contact from any specific sector was an indication of greater problems – it could even be a reflection of a culture more proactive in promoting whistleblowing or in which staff feel safer speaking up.
Most of those contacting the Speak Up helpline received basic information and advice on reporting channels, although over 22 per cent were referred to a relevant agency, and 16 per cent to a legal adviser. The Transparency Legal Advice Centre (TLAC) provides a free service for whistle-blowers.
The report highlights key developments in legislation, notably the EU Whistleblowing Directive that takes effect in late 2021 and which will require employers with more than 50 staff to establish whistle-blowing procedures.
It will also reverse the burden of proof, thereby requiring employers to show they did not penalise a worker for making a protected disclosure.
As well as a change to legislation governing the disclosure of financial interests in public office, the report calls for proactive intelligence sharing among law-enforcement agencies to detect corruption and economic crime.


theirishtimes--2020-12-10--Man suspected of using 24 colleagues’ details to claim PUP

Gardaí are investigating a man suspected of using his colleagues ’ personal details , including PPS numbers , to claim the pandemic unemployment payment ( PUP ) in their names up to a total value of €8,000 per week .
Garda sources said there was now growing concern in the force that the PUP application system had been easy to abuse by some fraudsters , with a number of investigations underway into individual suspects and those working as part of organised crime networks .
In some cases the same email address and/or bank account numbers were used by fraudsters on @ @ @ @ @ @ @ payment but the Department of Social Protection ’ s online system had created not any alert about the unusual pattern .
At other times when gardaí pointed out payments being made under particular identities were highly suspect the payments continued .
And in some of those cases arrears were also paid .
Garda sources said once fraudsters were able to obtain the names , addresses , PPS numbers and other details of people they were able to use them to make claims online and had proven successful .
Frauds to the value of @ @ @ @ @ @ @ Garda sources said that figure was likely to grow much higher .
However , they stressed the vast majority of people in receipt of the payment were entitled to it .
In the latest case to come to light , the man under investigation made applications for the PUP payment in the names of 24 of his former colleagues , none of whom were involved in the scam .
Half of the 24 people , who are all foreign nationals , have been traced by gardaí and were described as “ ordinary people @ @ @ @ @ @ @ ” .
They were unaware their details were being used to defraud the State until contacted by gardaí seconded to the Department of Social Protection .
The man at the centre of the investigation , who lives in Dublin and is in his 30s , had opened seven bank accounts , apparently for the specific purposed of receiving the PUP payments .
Criminal charges were expected in the case , gardaí said .
The scam began in March and was detected in August , by which time some €47,000 had been paid into @ @ @ @ @ @ @ man .
While payments were not paid to him under all 24 identities every week for the full period of the scam , he had set himself up on the system to be paid up to €8,500 per week .
All aspects of the crime were conducted online , including applying for the payments and opening the bank accounts required to receive the payments .
The Irish Times understands the man previously worked in a company based in Dublin and through his position there had access to all of his colleagues ’ details @ @ @ @ @ @ @ believe the man gathered the details and saved them on a memory stick .
Gardaí suspect the man was not clear at that point about how he was going to use the details .
However , when the pandemic later began and the PUP payments , of up to €350 per week , were offered to people who had lost their jobs , the data he had harvested from his colleagues was put to use to make fraudulent claims , gardaí say .

Frauds to the value of €1 million have already been detected but Garda sources said that figure was likely to grow much higher. Photograph: Collins Courts
Gardaí are investigating a man suspected of using his colleagues’ personal details, including PPS numbers, to claim the pandemic unemployment payment (PUP) in their names up to a total value of €8,000 per week.
Garda sources said there was now growing concern in the force that the PUP application system had been easy to abuse by some fraudsters, with a number of investigations underway into individual suspects and those working as part of organised crime networks.
In some cases the same email address and/or bank account numbers were used by fraudsters on large numbers of claims for the PUP payment but the Department of Social Protection’s online system had created not any alert about the unusual pattern.
At other times when gardaí pointed out payments being made under particular identities were highly suspect the payments continued. And in some of those cases arrears were also paid.
READ MORE
Garda sources said once fraudsters were able to obtain the names, addresses, PPS numbers and other details of people they were able to use them to make claims online and had proven successful.
Frauds to the value of €1 million have already been detected but Garda sources said that figure was likely to grow much higher. However, they stressed the vast majority of people in receipt of the payment were entitled to it.
‘Ordinary people’
In the latest case to come to light, the man under investigation made applications for the PUP payment in the names of 24 of his former colleagues, none of whom were involved in the scam.
Half of the 24 people, who are all foreign nationals, have been traced by gardaí and were described as "ordinary people who had come to Ireland to work". They were unaware their details were being used to defraud the State until contacted by gardaí seconded to the Department of Social Protection.
The man at the centre of the investigation, who lives in Dublin and is in his 30s, had opened seven bank accounts, apparently for the specific purposed of receiving the PUP payments.
Criminal charges were expected in the case, gardaí said.
The scam began in March and was detected in August, by which time some €47,000 had been paid into seven bank accounts opened by the same man. While payments were not paid to him under all 24 identities every week for the full period of the scam, he had set himself up on the system to be paid up to €8,500 per week.
Online activity
All aspects of the crime were conducted online, including applying for the payments and opening the bank accounts required to receive the payments.
The Irish Times understands the man previously worked in a company based in Dublin and through his position there had access to all of his colleagues’ details, including their PPS numbers. Detectives believe the man gathered the details and saved them on a memory stick.
Gardaí suspect the man was not clear at that point about how he was going to use the details.
However, when the pandemic later began and the PUP payments, of up to €350 per week, were offered to people who had lost their jobs, the data he had harvested from his colleagues was put to use to make fraudulent claims, gardaí say.


theirishtimes--2020-12-10--The DUP, facing a unionist backlash, must be wishing for soft Brexit

The DUP is under the cosh over the EU-UK government deal designed to bring some clarity to how the Irish Sea border will work – a proposal anathema to most unionists .
UK cabinet minister Michael Gove spent time in the House of Commons on Wednesday seeking to reassure unionists that the new east-west border created as a result of Brexit was not a threat to the union of Britain and Northern Ireland .
A precis of the general unionist reaction was in line with what DUP MP Sammy Wilson said on Tuesday in Westminster : “ I am 100 @ @ @ @ @ @ @ remain 100 per cent British , and the reason why I have taken a stance against the withdrawal agreement ... is because it diminishes my Britishness.
” It wasn ’ t surprising that the response to Wilson and the DUP – the only one of the North ’ s five main parties to campaign for Brexit – was of the “ I told you so ” variety , or as former leader Ian Paisley snr was wont to say when in biblical mode , you reap what you sow .
DUP MPs such @ @ @ @ @ @ @ genuine in their ideological wish to see a strong Brexit .
But there was a real sense before and after the EU exit referendum in 2016 that many or possibly most others at senior DUP level were acting expediently in taking a Leave position .
The argument ran that the DUP could adopt a John Bull hard pro-union Brexit stance safe in the expectation that the Remain side would win .
That would strengthen its electoral position , particularly as its rival Ulster Unionist Party was for Remain ( although quite a few @ @ @ @ @ @ @ ) .
Another reason for the unionist constitutional anxiety and anger at the DUP was that it had placed trust in UK prime minister Boris Johnson that he would be a better bet than his predecessor Theresa May in safeguarding the union .
The DUP had struck a £1.5 billion confidence-and-supply agreement to keep May ’ s government in power .
But it jettisoned her in favour of Johnson because of opposition to May ’ s Brexit backstop , which would have involved some checks on goods coming into Northern Ireland from Britain @ @ @ @ @ @ @ Johnson declared at the DUP annual conference in November 2018 , to the whooping delight of hundreds of delegates – although it was also noted that there were some present who were wary of him .
Johnson did just that when he gained power but when he achieved a strong majority in the House of Commons he also junked the DUP because he no longer needed it .
He got rid of the backstop but replaced it with the Northern Ireland protocol – and not only that but this week Downing Street reneged @ @ @ @ @ @ @ mitigate against the creation of an Irish Sea border .
The point here is that – under EU and Irish pressure , and probably mindful of US president-elect Joe Biden ’ s support for the Belfast Agreement – Johnson and the UK government acted to ensure that North-South trade would be seamless but that east-west trade would not .
An editorial in the unionist Belfast News Letter on Wednesday offered a modern version of the 19th-century prime minister Lord Palmerston ’ s famous dictum about British governments having perpetual interests rather than perpetual @ @ @ @ @ @ @ surprising about Boris Johnson agreeing to withdraw aspects of the Internal Market Bill to protect Northern Ireland , ” the editorial lamented .
“ The prime minister will always do what is right for him personally , then for his party , then for England .
” And the leader writer added : “ He showed pure cynicism when he came to Northern Ireland to denounce Theresa May ’ s Border backstop … Within months he had the premiership he had spent a lifetime coveting , and within weeks of achieving that goal @ @ @ @ @ @ @ The sense of betrayal in those words was palpable .
Former Ulster Unionist Party leader Reg Empey also launched a piercing attack on the DUP and its leader , Arlene Foster .
He reminded the First Minister how , in 2018 , she said the “ red line ” that there could be no Brexit deal that would divide Northern Ireland from the rest of the United Kingdom was a “ blood red ” line .
In the Assembly on Tuesday only two unionists , Traditional Unionist Voice leader Jim Allister and Jim @ @ @ @ @ @ @ lost the DUP whip , opposed a motion that they said effectively put in place the legal structure for the Northern Ireland protocol .
Witheringly Allister said , “ This is a shameful day for our legislative Assembly .
We are being asked to surrender the right to legislate according to our own needs and to have that right suborned to the diktat of EU regulations and directives .
Strip away all the fancy words , and that is what this statutory instrument is about.
” In the House of Commons on Wednesday @ @ @ @ @ @ @ agreement with the EU while trying to assure the many sceptical unionists that the UK government was adamantly for the union .
The deal meant the protocol would be implemented in a “ pragmatic and proportionate ” way , said Gove .
As well as taking account of the Belfast Agreement “ in all of its dimensions ” , he added , it protected the interests of the EU single market “ but more importantly the territorial and constitutional integrity of the whole United Kingdom ” .
And while he further emphasised that @ @ @ @ @ @ @ primacy of the sovereignty of this place as we leave the EU ” , many unionists remain worried and annoyed , and much of that displeasure is pointed at the DUP .
The DUP MP Jeffrey Donaldson was sent out yesterday to defend his party , which he did in his usual emollient manner .
Nonetheless , the pressure continues on the party , much of it emanating from unionism .
What the DUP earnestly must hope for now is a soft Brexit .
This deal is a subplot to the bigger story @ @ @ @ @ @ @ der Leyen and the other EU and UK negotiators can thrash out an overarching trade agreement in the coming short period before the January 1st deadline .
Such a deal partly could rescue the DUP from the Leave mess it got itself into .

The DUP is under the cosh over the EU-UK government deal designed to bring some clarity to how the Irish Sea border will work – a proposal anathema to most unionists.
UK cabinet minister Michael Gove spent time in the House of Commons on Wednesday seeking to reassure unionists that the new east-west border created as a result of Brexit was not a threat to the union of Britain and Northern Ireland.
A precis of the general unionist reaction was in line with what DUP MP Sammy Wilson said on Tuesday in Westminster: "I am 100 per cent British and I want to remain 100 per cent British, and the reason why I have taken a stance against the withdrawal agreement ... is because it diminishes my Britishness."
It wasn't surprising that the response to Wilson and the DUP – the only one of the North's five main parties to campaign for Brexit – was of the "I told you so" variety, or as former leader Ian Paisley snr was wont to say when in biblical mode, you reap what you sow.
READ MORE
DUP MPs such as Wilson and Ian Paisley jnr are genuine in their ideological wish to see a strong Brexit. But there was a real sense before and after the EU exit referendum in 2016 that many or possibly most others at senior DUP level were acting expediently in taking a Leave position.
The argument ran that the DUP could adopt a John Bull hard pro-union Brexit stance safe in the expectation that the Remain side would win. That would strengthen its electoral position, particularly as its rival Ulster Unionist Party was for Remain (although quite a few Ulster Unionists voted to quit the EU).
That didn’t work out.
Another reason for the unionist constitutional anxiety and anger at the DUP was that it had placed trust in UK prime minister Boris Johnson that he would be a better bet than his predecessor Theresa May in safeguarding the union.
The DUP had struck a £1.5 billion confidence-and-supply agreement to keep May’s government in power. But it jettisoned her in favour of Johnson because of opposition to May’s Brexit backstop, which would have involved some checks on goods coming into Northern Ireland from Britain.
“Junk the backstop,” Johnson declared at the DUP annual conference in November 2018, to the whooping delight of hundreds of delegates – although it was also noted that there were some present who were wary of him.
Junk the DUP
Johnson did just that when he gained power but when he achieved a strong majority in the House of Commons he also junked the DUP because he no longer needed it.
He got rid of the backstop but replaced it with the Northern Ireland protocol – and not only that but this week Downing Street reneged on amendments to that protocol designed to mitigate against the creation of an Irish Sea border.
The point here is that – under EU and Irish pressure, and probably mindful of US president-elect Joe Biden's support for the Belfast Agreement – Johnson and the UK government acted to ensure that North-South trade would be seamless but that east-west trade would not.
An editorial in the unionist Belfast News Letter on Wednesday offered a modern version of the 19th-century prime minister Lord Palmerston’s famous dictum about British governments having perpetual interests rather than perpetual allies.
"There is nothing remotely surprising about Boris Johnson agreeing to withdraw aspects of the Internal Market Bill to protect Northern Ireland," the editorial lamented. "The prime minister will always do what is right for him personally, then for his party, then for England. "
And the leader writer added: “He showed pure cynicism when he came to Northern Ireland to denounce Theresa May’s Border backstop … Within months he had the premiership he had spent a lifetime coveting, and within weeks of achieving that goal he was cutting the province adrift.”
The sense of betrayal in those words was palpable.
Former Ulster Unionist Party leader Reg Empey also launched a piercing attack on the DUP and its leader, Arlene Foster.
He reminded the First Minister how, in 2018, she said the "red line" that there could be no Brexit deal that would divide Northern Ireland from the rest of the United Kingdom was a "blood red" line.
“The DUP’s ‘blood red line’ has been washed away,” accused Empey.
In the Assembly on Tuesday only two unionists, Traditional Unionist Voice leader Jim Allister and Jim Wells, a unionist MLA who has lost the DUP whip, opposed a motion that they said effectively put in place the legal structure for the Northern Ireland protocol.
Witheringly Allister said, “This is a shameful day for our legislative Assembly. We are being asked to surrender the right to legislate according to our own needs and to have that right suborned to the diktat of EU regulations and directives. Strip away all the fancy words, and that is what this statutory instrument is about.”
Gove’s line
In the House of Commons on Wednesday afternoon Michael Gove held to the new agreement with the EU while trying to assure the many sceptical unionists that the UK government was adamantly for the union.
The deal meant the protocol would be implemented in a “pragmatic and proportionate” way, said Gove. As well as taking account of the Belfast Agreement “in all of its dimensions”, he added, it protected the interests of the EU single market “but more importantly the territorial and constitutional integrity of the whole United Kingdom”.
And while he further emphasised that the deal “put beyond doubt the primacy of the sovereignty of this place as we leave the EU”, many unionists remain worried and annoyed, and much of that displeasure is pointed at the DUP.
The DUP MP Jeffrey Donaldson was sent out yesterday to defend his party, which he did in his usual emollient manner.
Nonetheless, the pressure continues on the party, much of it emanating from unionism. What the DUP earnestly must hope for now is a soft Brexit.
This deal is a subplot to the bigger story of whether Boris Johnson, Ursula von der Leyen and the other EU and UK negotiators can thrash out an overarching trade agreement in the coming short period before the January 1st deadline.
Such a deal partly could rescue the DUP from the Leave mess it got itself into.


theirishtimes--2020-12-10--HSE told to review policy on €1bn personal protective equipment spend

Minister for Health Stephen Donnelly has instructed the Health Service Executive to carry out an audit of how it buys , manages and uses personal protective equipment ( PPE ) for healthcare staff on which it will spend close to €1 billion this year .
The move follows serious concerns within Government over several months that the HSE was not following official rules governing such expenditure .
The Department of Public Expenditure maintained that at one stage earlier this year the HSE had spent about €120 million on PPE over and above the amount sanctioned by the Cabinet .
Mr @ @ @ @ @ @ @ was essential that the exchequer ’ s investment was protected and maximum value for money achieved .
Mr Donnelly said in a letter at the end of August that most of the expenditure that had already occurred or which had been committed up to that point “ has not been in compliance with the agreed sanctioning process ” .
The Minister said that he was obliged to seek the Government in the summer “ to regularise the financial sanctioning position ” of the Health Service Executive in respect of personal protective equipment procurement @ @ @ @ @ @ @ late July to allocate a further €670 million to the HSE was in part to authorise retrospectively expenditure on PPE that had already been made over and above officially-sanctioned levels or commitments which had been entered into .
Mr Donnelly said he had been advised that the HSE had introduced new control measures around sanctioning to ensure such a situation could not happen again .
Mr Devane told the Minister that the Health Service Executive had successfully supplied personal protective equipment to frontline staff “ in an unprecedented , astonishingly competitive and highly @ @ @ @ @ @ @ the HSE ’ s procurement response to the pandemic had been “ swift and decisive and resulted in Ireland being ahead of many larger healthcare systems in securing key supply lines .
“ As a consequence , arrangements to provide PPE to healthcare workers where and when they need it have stabilised considerably .
The Irish healthcare system currently has strong availability of and access to PPE across all settings ; and robust supply chains are well established .
It is a strategic priority for the HSE that PPE is , and will @ @ @ @ @ @ @ healthcare settings at a scale commensurate with clinical guidance , ” he said in a letter at the end of October .
Mr Devane said a new strategy as well as a stabilisation in the market had meant a 30 per cent reduction in the price of personal protective equipment compared with in the earlier part of the pandemic .
Mr Donnelly told the HSE he wanted it to carry out a “ thorough audit ” of its systems and controls in relation to the sourcing , management and usage of personal protective @ @ @ @ @ @ @ of the clinical guidance in place in relation to usage , practical experience in actual use of PPE , relative rates of usage across the system and arrangements to ensure the most cost-effective approach across procurement , financial and stock management systems.
” A spokeswoman for the Minister said the Health Service Executive was engaging at present with the Office of Government Procurement in relation to a tender process to appoint an appropriate body to conduct the audit on personal protective equipment sought by the Minister .
The spokeswoman said it was expected @ @ @ @ @ @ @ in the first quarter of next year .
“ Securing an adequate supply of high-quality personal protective equipment was and is critical for the protection of healthcare workers , patients , and the management of Covid-19 in line with infection prevention and control guidelines .
It is important to acknowledge the success of the HSE , with the support of other Government agencies , in securing supplies of PPE for the Irish health and social care services in very challenging and indeed unprecedented national and international circumstances.
” The spokeswoman said that nevertheless @ @ @ @ @ @ @ commitments involved and the much-increased level of personal protective equipment usage , the Minister had sought the HSE to carry out the proposed new audit .

The Minister told the HSE he wanted it to carry out a ‘thorough audit’ of its systems and controls concerning sourcing, management and usage of personal protective equipment. File photograph: The Irish Times
Minister for Health Stephen Donnelly has instructed the Health Service Executive to carry out an audit of how it buys, manages and uses personal protective equipment (PPE) for healthcare staff on which it will spend close to €1 billion this year.
The move follows serious concerns within Government over several months that the HSE was not following official rules governing such expenditure. The Department of Public Expenditure maintained that at one stage earlier this year the HSE had spent about €120 million on PPE over and above the amount sanctioned by the Cabinet.
Mr Donnelly told HSE chairman Ciarán Devane it was essential that the exchequer’s investment was protected and maximum value for money achieved.
Mr Donnelly said in a letter at the end of August that most of the expenditure that had already occurred or which had been committed up to that point “has not been in compliance with the agreed sanctioning process”.
READ MORE
The Minister said that he was obliged to seek the Government in the summer “to regularise the financial sanctioning position” of the Health Service Executive in respect of personal protective equipment procurement.
In essence the Government decision in late July to allocate a further €670 million to the HSE was in part to authorise retrospectively expenditure on PPE that had already been made over and above officially-sanctioned levels or commitments which had been entered into.
Mr Donnelly said he had been advised that the HSE had introduced new control measures around sanctioning to ensure such a situation could not happen again.
Mr Devane told the Minister that the Health Service Executive had successfully supplied personal protective equipment to frontline staff “in an unprecedented, astonishingly competitive and highly volatile global market”.
He said the HSE's procurement response to the pandemic had been "swift and decisive and resulted in Ireland being ahead of many larger healthcare systems in securing key supply lines.
“As a consequence, arrangements to provide PPE to healthcare workers where and when they need it have stabilised considerably. The Irish healthcare system currently has strong availability of and access to PPE across all settings; and robust supply chains are well established. It is a strategic priority for the HSE that PPE is, and will continue to be, made available to healthcare settings at a scale commensurate with clinical guidance,” he said in a letter at the end of October.
Mr Devane said a new strategy as well as a stabilisation in the market had meant a 30 per cent reduction in the price of personal protective equipment compared with in the earlier part of the pandemic.
Mr Donnelly told the HSE he wanted it to carry out a “thorough audit” of its systems and controls in relation to the sourcing, management and usage of personal protective equipment.
“This should take account of the clinical guidance in place in relation to usage, practical experience in actual use of PPE, relative rates of usage across the system and arrangements to ensure the most cost-effective approach across procurement, financial and stock management systems.”
Tender process
A spokeswoman for the Minister said the Health Service Executive was engaging at present with the Office of Government Procurement in relation to a tender process to appoint an appropriate body to conduct the audit on personal protective equipment sought by the Minister. The spokeswoman said it was expected that this audit would be under way in the first quarter of next year.
“Securing an adequate supply of high-quality personal protective equipment was and is critical for the protection of healthcare workers, patients, and the management of Covid-19 in line with infection prevention and control guidelines. It is important to acknowledge the success of the HSE, with the support of other Government agencies, in securing supplies of PPE for the Irish health and social care services in very challenging and indeed unprecedented national and international circumstances.”
The spokeswoman said that nevertheless, given the scale of the financial commitments involved and the much-increased level of personal protective equipment usage, the Minister had sought the HSE to carry out the proposed new audit.


theirishtimes--2020-12-10--Alleged fuel smuggler questions ‘crazy figure’ for unpaid taxes

Co Armagh businessman Damien McGleenan has said the Revenue Commissioners “ wouldn ’ t listen ” to his accountant and came up with a “ crazy figure ” when it decided his fuel company owed €9.1 million in unpaid taxes , interest and penalties .
He said what had happened with his company , DMG Energy Ltd , in relation to taxes was “ categorically wrong ” and , while he was not saying he was “ totally innocent ” , he was unhappy with the way Revenue had handled the investigation into his company ’ s affairs .
DMG @ @ @ @ @ @ @ Co Louth , and now in liquidation , was listed on the tax defaulters ’ list on Tuesday as owing €9.1 million in excise duty and underdeclared VAT , of which more than half ( €5.7 million ) was interest and penalties .
The company was incorporated in 2010 and put into liquidation in 2013 .
Its directors were Mr McGleenan ( 54 ) and his brother , Francis Joseph McGleenan ( 53 ) , both of Keady , Co Armagh .
The company operated petrol station/convenience stores in Tipperary , Mayo , @ @ @ @ @ @ @ was told in 2015 by liquidator George Maloney , who was appointed to DMG in 2013 by Revenue .
The company had not sourced fuel from established distributors but from unlicensed entities , the court was told .
Speaking from the Centra shop and petrol station in Keady , which Damien McGleenan said is owned by his brother , Francis Joseph , Mr McGleenan said the Revenue Commissioners “ didn ’ t have the manners ” to notify him prior to the publication of his company ’ s name in the tax defaulters @ @ @ @ @ @ @ the list was published on Tuesday that he first heard mention of the €9.1 million debt , he said .
“ I ’ m wondering how in the name of blazes they got that figure .
“ I could go through the whole thing with you , but it would get me nowhere .
Why should I sit here and go back over old ground , from years ago ?
” Mr McGleenan , Francis Joseph , and another brother , Joseph ( 48 ) , were the subject of a €12 million @ @ @ @ @ @ @ in Belfast in 2007 , arising from an investigation into alleged fuel smuggling by Mr McGleenan .
The court granted the Assets Recovery Agency ( ASA ) permission to seize control of 36 houses on both sides of the Border .
Mr McGleenan and his two brothers arrived at a settlement with the ASA for £6 million in 2009 .
The UK ’ s Serious Organised Crime Agency later seized a filling station and property in Belfast , because of a default on the 2009 deal .
Mr McGleenan said he was “ @ @ @ @ @ @ @ as to what I ’ ve done in Northern Ireland , I ’ ve paid my dues ” .
In a Belfast court ruling in 2006 , Sir Declan Morgan noted evidence existed indicating fuel transactions involving a Co Monaghan oil company and Mr McGleenan , valued at more than £4.5 million .
The judge said Mr McGleenan had , during an interview in 2001 , stated books in his house “ apparently relating to fuel smuggling transactions , were connected to a third person whom he could not safely name ” .
@ @ @ @ @ @ @ arguable grounds for believing Mr McGleenan was involved in fuel smuggling , and his 2001 interview “ suggests the involvement of other serious criminal elements ” .

The company operated petrol station/convenience stores in Tipperary, Mayo, Roscommon and Donegal, the High Court was told in 2015 by liquidator George Maloney, who was appointed to DMG in 2013 by Revenue. Photograph: iStock
Co Armagh businessman Damien McGleenan has said the Revenue Commissioners “wouldn’t listen” to his accountant and came up with a “crazy figure” when it decided his fuel company owed €9.1 million in unpaid taxes, interest and penalties.
He said what had happened with his company, DMG Energy Ltd, in relation to taxes was “categorically wrong” and, while he was not saying he was “totally innocent”, he was unhappy with the way Revenue had handled the investigation into his company’s affairs.
DMG Energy Ltd, formerly of Dundalk, Co Louth, and now in liquidation, was listed on the tax defaulters’ list on Tuesday as owing €9.1 million in excise duty and underdeclared VAT, of which more than half (€5.7 million) was interest and penalties.
The company was incorporated in 2010 and put into liquidation in 2013. Its directors were Mr McGleenan (54) and his brother, Francis Joseph McGleenan (53), both of Keady, Co Armagh.
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The company operated petrol station/convenience stores in Tipperary, Mayo, Roscommon and Donegal, the High Court was told in 2015 by liquidator George Maloney, who was appointed to DMG in 2013 by Revenue.
The company had not sourced fuel from established distributors but from unlicensed entities, the court was told.
‘Manners’
Speaking from the Centra shop and petrol station in Keady, which Damien McGleenan said is owned by his brother, Francis Joseph, Mr McGleenan said the Revenue Commissioners “didn’t have the manners” to notify him prior to the publication of his company’s name in the tax defaulters’ list.
It was only when the list was published on Tuesday that he first heard mention of the €9.1 million debt, he said. “I’m wondering how in the name of blazes they got that figure.
“I could go through the whole thing with you, but it would get me nowhere. Why should I sit here and go back over old ground, from years ago?”
Mr McGleenan, Francis Joseph, and another brother, Joseph (48), were the subject of a €12 million freeze order granted by the High Court in Belfast in 2007, arising from an investigation into alleged fuel smuggling by Mr McGleenan.
The court granted the Assets Recovery Agency (ASA) permission to seize control of 36 houses on both sides of the Border. Mr McGleenan and his two brothers arrived at a settlement with the ASA for £6 million in 2009.
Filling station
The UK’s Serious Organised Crime Agency later seized a filling station and property in Belfast, because of a default on the 2009 deal.
Mr McGleenan said he was “not a totally innocent person, but as to what I’ve done in Northern Ireland, I’ve paid my dues”.
In a Belfast court ruling in 2006, Sir Declan Morgan noted evidence existed indicating fuel transactions involving a Co Monaghan oil company and Mr McGleenan, valued at more than £4.5 million.
The judge said Mr McGleenan had, during an interview in 2001, stated books in his house “apparently relating to fuel smuggling transactions, were connected to a third person whom he could not safely name”.
The judge said there were good, arguable grounds for believing Mr McGleenan was involved in fuel smuggling, and his 2001 interview “suggests the involvement of other serious criminal elements”.


theirishtimes--2020-12-10--Warehouse space scarce due to Brexit, Covid and Christmas stockpiling

Stockpiling for Christmas , the Covid-19 pandemic and to avoid the January disruption from new post-Brexit customs arrangements have led to shortages of warehouse space , according to storage and distribution businesses .
Concerns about importing goods from Britain after the UK ’ s departure from EU trade rules from the start of next year have forced businesses to hoard goods in contingency planning .
Businesses have been stockpiling to protect the continuity of supplies in the weeks and months after Brexit and to avoid the initial impact of price increases if tariffs are introduced on goods should the EU @ @ @ @ @ @ @ trade deal to avoid duties on imports and exports .
“ There is very little space around Dublin city at this stage , ” said Tom Thornton , the Irish International Freight Association ’ s Brexit spokesman and managing director of Dublin logistics firm Wells Cargo .
“ There has been stockpiling going on for the last few weeks for sure .
In April and May our warehouse was almost empty .
Now we are absolutely chock-a-block and most warehouses are.
” Conor Whelan , chief executive of Stafford Lynch , a Dublin-based @ @ @ @ @ @ @ spices to Energizer batteries , said the wholesale and distribution industry has been hit with a “ treble whammy ” of managing stock for Christmas , Covid-19 and Brexit .
“ We have the golden quarter , which is our biggest trading period .
You have got Covid , which has driven volumes because of the restrictions and the only essential retail being open is grocery .
Then you have a stock-build for Brexit contingency .
It is three in the one go , ” he said .
Mr Whelan expects his warehouse @ @ @ @ @ @ @ of the year as UK businesses seek to stockpile products as a contingency in advance of potential disruptions from Brexit .
“ The contingency plans that a lot of businesses are putting in place is to build stocks , and obviously the warehouses don ’ t have flexible walls so there is a limited amount of space available , ” he said .
“ Supply chains are going to be under a lot of pressure .
We don ’ t know how extensive or significant the delays at ports will be .
The @ @ @ @ @ @ @ all going to experience challenges.
” Mr Thornton said that most companies that needed critical supplies had been prudent and had stockpiled but some businesses were still not ready for Brexit .
“ We have certainly had a significant increase in calls from people who are in the last throes of trying to prepare and maybe should have taken action earlier , ” he said .
Owen Cooke , chairman of the Independent Express transport group and the Pallet Network storage , said that companies were desperate for more warehouse space that is @ @ @ @ @ @ @ on working space , very tight , ” he said .
The surge in online sales during the pandemic has meant retailers are holding more goods in warehouses rather than in their shops , while , because of Brexit concerns , Irish distributors of UK products are holding stocks in Ireland that British companies have not held in storage before .
In a sign of stockpiling ahead of the end of the Brexit transition period , Dublin Port reported October was the second busiest month in its history , with traffic volumes replicating @ @ @ @ @ @ @ of 2019 before an expected Brexit deadline .
Department of Transport official Eddie Burke said this week that trade volumes through the port could be depressed for the first week or two of January due to stockpiling .
Revenue has said that some businesses may have stockpiled to avoid having to deal with new customs paperwork on British goods until later in January or February .
Mr Cooke said that stockpiling would not prevent businesses having to ship large volumes after working through stock held in limited amounts of storage .
“ The @ @ @ @ @ @ @ the early weeks of the year but I don ’ t think it is going to be a huge reduction , ” he said , warning about new post-Brexit Border arrangements .
“ If the systems and processes are not working on January 1st , there will be hell .
”

Stockpiling for Christmas, the Covid-19 pandemic and to avoid the January disruption from new post-Brexit customs arrangements have led to shortages of warehouse space, according to storage and distribution businesses.
Concerns about importing goods from Britain after the UK’s departure from EU trade rules from the start of next year have forced businesses to hoard goods in contingency planning.
Businesses have been stockpiling to protect the continuity of supplies in the weeks and months after Brexit and to avoid the initial impact of price increases if tariffs are introduced on goods should the EU and UK fail to agree a future trade deal to avoid duties on imports and exports.
"There is very little space around Dublin city at this stage," said Tom Thornton, the Irish International Freight Association's Brexit spokesman and managing director of Dublin logistics firm Wells Cargo.
READ MORE
“There has been stockpiling going on for the last few weeks for sure. In April and May our warehouse was almost empty. Now we are absolutely chock-a-block and most warehouses are.”
Conor Whelan, chief executive of Stafford Lynch, a Dublin-based distributor for brands from Schwartz herbs and spices to Energizer batteries, said the wholesale and distribution industry has been hit with a "treble whammy" of managing stock for Christmas, Covid-19 and Brexit.
“We have the golden quarter, which is our biggest trading period. You have got Covid, which has driven volumes because of the restrictions and the only essential retail being open is grocery. Then you have a stock-build for Brexit contingency. It is three in the one go,” he said.
Contingency plans
Mr Whelan expects his warehouse space to be full by the end of the year as UK businesses seek to stockpile products as a contingency in advance of potential disruptions from Brexit.
“The contingency plans that a lot of businesses are putting in place is to build stocks, and obviously the warehouses don’t have flexible walls so there is a limited amount of space available,” he said.
“Supply chains are going to be under a lot of pressure. We don’t know how extensive or significant the delays at ports will be. The consensus is very much that we are all going to experience challenges.”
Mr Thornton said that most companies that needed critical supplies had been prudent and had stockpiled but some businesses were still not ready for Brexit.
“We have certainly had a significant increase in calls from people who are in the last throes of trying to prepare and maybe should have taken action earlier,” he said.
Owen Cooke, chairman of the Independent Express transport group and the Pallet Network storage, said that companies were desperate for more warehouse space that is not there.
“We are tight on working space, very tight,” he said.
The surge in online sales during the pandemic has meant retailers are holding more goods in warehouses rather than in their shops, while, because of Brexit concerns, Irish distributors of UK products are holding stocks in Ireland that British companies have not held in storage before.
Busy October
In a sign of stockpiling ahead of the end of the Brexit transition period, Dublin Port reported October was the second busiest month in its history, with traffic volumes replicating patterns seen in the first three months of 2019 before an expected Brexit deadline.
Department of Transport official Eddie Burke said this week that trade volumes through the port could be depressed for the first week or two of January due to stockpiling.
Revenue has said that some businesses may have stockpiled to avoid having to deal with new customs paperwork on British goods until later in January or February.
Mr Cooke said that stockpiling would not prevent businesses having to ship large volumes after working through stock held in limited amounts of storage.
“The stockpiling may result in some reduction in the early weeks of the year but I don’t think it is going to be a huge reduction,” he said, warning about new post-Brexit Border arrangements.
“If the systems and processes are not working on January 1st, there will be hell.”


theirishtimes--2020-12-10--Covid-19: Relief in Scotland as vaccinations get under way

There was , Scotland ’ s First Minister Nicola Sturgeon wrote last week , “ no single sentence that has made me happier to utter in nine long months than this one.
” It was the news that the first vaccines in Scotland were to be administered on Tuesday ; the relief has been palpable .
“ It seems to be a long time we ’ ve lived like this , ” remarks Melisha Squire , one of a number of people The Irish Times speaks to at an outdoor cafe in the centre of Edinburgh .
“ I work @ @ @ @ @ @ @ , “ and we ’ re finding a lot of customers are starting to get fed up .
They ’ re saying , ‘ it ’ s ridiculous , more restrictions ’ , and that ’ s from people you wouldn ’ t expect to say that.
” Yet all feel the First Minister has performed well : “ Nicola Sturgeon looks at real life , and she understands what people are going through because she ’ s going through it herself , ” says Frances Porter .
“ She has her own @ @ @ @ @ @ @ how hard it is.
” This is reflected in the approval ratings ; according to an Ipsos Mori poll for BBC Scotland last month , 74 per cent of the Scottish public feel she has handled the pandemic well .
The reality , says Linda Bauld , professor of public health at the University of Edinburgh , is that when comparing the relative performance of each of the four nations , “ the differences are really not that stark across the UK.
” “ In terms of our excess mortality it ’ s @ @ @ @ @ @ @ , between Scotland and England , and our proportion of deaths in care homes are roughly the same , ” she explains .
However , other aspects of how Scotland responded differed .
As with the other devolved nations , public health remains part of the NHS – unlike in England – so contact tracing was carried out by the NHS , with Scotland performing “ slightly better ” .
It was also “ more cautious ” in moving out of lockdown in the summer , which meant “ significantly lower ” levels @ @ @ @ @ @ @ England by early autumn .
The greatest distinction has been communication .
According to University College , London ’ s Covid-19 Social Study , people in Scotland have shown the greatest understanding of the regulations .
The most recent data , from October 21st , shows two-thirds understood the rules around Covid-19 , compared to just over half in England , and confidence in government has also been consistently higher in Scotland .
“ That is about having the daily briefings throughout the pandemic from the First Minister : she ’ s a @ @ @ @ @ @ @ s very popular , she ’ s trusted and her advisers – with one unfortunate exception at the beginning where rules were broken – are generally well regarded , and that ’ s different from the bit of the train wreck that some of the comms at Westminster level have been , ” says Bauld .
Given this , why has Scotland not performed better ?
“ In terms of how this pandemic has unfolded across the UK , we are linked together intrinsically ... we ’ ve lost out in the same @ @ @ @ @ @ @ – around care homes , as well as PPE , and there is no evidence there was greater compliance with the regulations .
Bauld also emphasises the failure to close the country ’ s borders and to restrict travel early , the lack of testing capacity early in the pandemic , and the effects of inequality and deprivation .
“ These are the communities that have been hit hardest across the UK , whether you choose Manchester or Bradford or Glasgow or Dundee.
” Businesses – particularly the hospitality industry – have also @ @ @ @ @ @ @ Binanti , the owner of Giuliano ’ s , an Italian restaurant in the centre of Edinburgh , says his trade is down more than 90 per cent .
“ It will be a miracle if we can stay alive.
” He questions the restrictions imposed on restaurants , and the level of support from government .
“ I am back to making pizzas , doing deliveries , just to survive ... We are just trying to stay afloat until the vaccine [ takes effect ] .
” Across the street , at @ @ @ @ @ @ @ , Cornelia Topping explains how they diversified online during lockdown , and when further restrictions were introduced in the autumn , “ we propped a table at the front door and did contact-free bookselling.
” Though they were able to use the UK government ’ s job retention furlough scheme , they also had to take out a bank loan .
“ We had bills to pay and stock ordered , ” she said .
She is “ very optimistic ” – a positivity helped by Christmas shoppers starting early this year .
@ @ @ @ @ @ @ coronavirus because it ’ s just everywhere , but the news about the vaccine has really buoyed everyone up , ” she says .
It remains to be seen how this will play out in the months ahead .
The big question facing voters in the Scottish elections in May will be that of a second independence referendum ; since June , the opinion polls have reported a consistent majority in favour of independence .
Part of this has been due to the perception that “ the UK government has done a lousy @ @ @ @ @ @ @ good job , ” explains Sir John Curtice , professor of politics at the University of Strathclyde ; this is coupled with the nationalist argument , which has been thrown into sharp relief by Covid-19 , that Scotland would govern itself more effectively as an independent country .
The Scottish government ’ s Brexit secretary , Michael Russell , rejects the suggestion that this has helped make the case for independence .
“ I ’ m very reluctant to get involved in some sort of league table war about the handling of Covid @ @ @ @ @ @ @ that when the challenge came , the Scottish government ... measured up to the challenge.
” “ This latest increase [ in support for independence ] has occurred in a vacuum , ” says Prof Curtice , “ at a time when Scotland has not been debating the merits or otherwise of independence.
” That said , he emphasises , the assumption must be that the experience of the pandemic will have an effect at the ballot box .
“ I don ’ t think we ’ re going to forget this for @ @ @ @

Friends and colleagues Melisha Squire and Lesley Blues in the centre of Edinburgh stop for a chilly lunch break in the centre of Edinburgh. Photograph: Freya McClements
There was, Scotland's First Minister Nicola Sturgeon wrote last week, "no single sentence that has made me happier to utter in nine long months than this one."
It was the news that the first vaccines in Scotland were to be administered on Tuesday; the relief has been palpable. "It seems to be a long time we've lived like this," remarks Melisha Squire, one of a number of people The Irish Times speaks to at an outdoor cafe in the centre of Edinburgh.
"I work in retail," explains Julie Slavin, "and we're finding a lot of customers are starting to get fed up. They're saying, 'it's ridiculous, more restrictions', and that's from people you wouldn't expect to say that."
Cornelia Topping, of independent booksellers Topping & Company, in their store in Edinburgh. Photograph: Freya McClements
Giuliano Binanti, the owner of Giuliano’s restaurant in Edinburgh city centre, has lost more than 90 per cent of his business due to Covid-19. Photograph: Freya McClements
Yet all feel the First Minister has performed well: "Nicola Sturgeon looks at real life, and she understands what people are going through because she's going through it herself," says Frances Porter. "She has her own mum and dad, and she knows how hard it is."
READ MORE
This is reflected in the approval ratings; according to an Ipsos Mori poll for BBC Scotland last month, 74 per cent of the Scottish public feel she has handled the pandemic well. The reality, says Linda Bauld, professor of public health at the University of Edinburgh, is that when comparing the relative performance of each of the four nations, "the differences are really not that stark across the UK."
"In terms of our excess mortality it's really not that different, for example, between Scotland and England, and our proportion of deaths in care homes are roughly the same," she explains.
However, other aspects of how Scotland responded differed. As with the other devolved nations, public health remains part of the NHS – unlike in England – so contact tracing was carried out by the NHS, with Scotland performing “slightly better”. It was also “more cautious” in moving out of lockdown in the summer, which meant “significantly lower” levels of infection than in some parts of England by early autumn.
The greatest distinction has been communication. According to University College, London’s Covid-19 Social Study, people in Scotland have shown the greatest understanding of the regulations. The most recent data, from October 21st, shows two-thirds understood the rules around Covid-19, compared to just over half in England, and confidence in government has also been consistently higher in Scotland.
“That is about having the daily briefings throughout the pandemic from the First Minister: she’s a very clear communicator, her party’s very popular, she’s trusted and her advisers – with one unfortunate exception at the beginning where rules were broken – are generally well regarded, and that’s different from the bit of the train wreck that some of the comms at Westminster level have been,” says Bauld.
Given this, why has Scotland not performed better? “In terms of how this pandemic has unfolded across the UK, we are linked together intrinsically ... we’ve lost out in the same way.”
The same mistakes were made – around care homes, as well as PPE, and there is no evidence there was greater compliance with the regulations. Bauld also emphasises the failure to close the country's borders and to restrict travel early, the lack of testing capacity early in the pandemic, and the effects of inequality and deprivation. "These are the communities that have been hit hardest across the UK, whether you choose Manchester or Bradford or Glasgow or Dundee."
Businesses – particularly the hospitality industry – have also been affected in similar ways. Giuliano Binanti, the owner of Giuliano's, an Italian restaurant in the centre of Edinburgh, says his trade is down more than 90 per cent. "It will be a miracle if we can stay alive."
He questions the restrictions imposed on restaurants, and the level of support from government. “I am back to making pizzas, doing deliveries, just to survive ... We are just trying to stay afloat until the vaccine [takes effect].”
Across the street, at the independent family-run bookshop Topping and Company, Cornelia Topping explains how they diversified online during lockdown, and when further restrictions were introduced in the autumn, "we propped a table at the front door and did contact-free bookselling."
Though they were able to use the UK government’s job retention furlough scheme, they also had to take out a bank loan. “We had bills to pay and stock ordered,” she said.
She is “very optimistic” – a positivity helped by Christmas shoppers starting early this year. “It is difficult to forget about coronavirus because it’s just everywhere, but the news about the vaccine has really buoyed everyone up,” she says.
It remains to be seen how this will play out in the months ahead. The big question facing voters in the Scottish elections in May will be that of a second independence referendum; since June, the opinion polls have reported a consistent majority in favour of independence.
Part of this has been due to the perception that "the UK government has done a lousy job and the Scottish government does a good job," explains Sir John Curtice, professor of politics at the University of Strathclyde; this is coupled with the nationalist argument, which has been thrown into sharp relief by Covid-19, that Scotland would govern itself more effectively as an independent country.
The Scottish government's Brexit secretary, Michael Russell, rejects the suggestion that this has helped make the case for independence. "I'm very reluctant to get involved in some sort of league table war about the handling of Covid, but all I would say is that when the challenge came, the Scottish government ... measured up to the challenge."
“This latest increase [in support for independence] has occurred in a vacuum,” says Prof Curtice, “at a time when Scotland has not been debating the merits or otherwise of independence.” That said, he emphasises, the assumption must be that the experience of the pandemic will have an effect at the ballot box. “I don’t think we’re going to forget this for a while.”


theirishtimes--2020-12-09--Counterfeit goods destined for Christmas market seized in €200,000 haul

Gardai have made their second large seizure of counterfeit goods they believe were destined for the lucrative Christmas market , with a €200,000 haul found in the back of a truck in Dublin .
Gardai believe the goods had been smuggled into the Republic for sale here and that a group of criminals including by Asian and Irish men were behind the crime .
The latest seizure followed approximately 15,000 counterfeit items being seized last month , with that consignment valued at about €300,000 .
Both seizures were intelligence-led and were part of Operation Bannister , which is a dedicated @ @ @ @ @ @ @ crime .
The latest find was made when gardai moved in on a lorry that was under surveillance in south Dublin on Tuesday , with the back of the vehicle found fill with goods that gardai believe were all produced on the black economy .
The haul included clothing , sportswear , perfume and candles ; including high quality copies of very expensive luxury branded goods .
No arrests were made and gardai were investigating the origins of the goods and how they were due to distributed in Ireland .
The seizure was @ @ @ @ @ @ @ Crime Unit within the Garda National Bureau of Criminal Investigation ( GNBCI ) , who searched the articulated lorry at about 11am on Tuesday .
Assistant Commissioner John O ’ Driscoll , who leads the Garda ’ s Organised and Serious Crime section , said people needed to be aware of compromises in safety and standards when buying goods that may be counterfeit .
“ As we approach Christmas people should ensure they purchase gifts from reliable and legitimate sources , ” Mr O ’ Driscoll said .
“ This seizure is significant @ @ @ @ @ @ @ and substandard products entering the market and being purchased by unsuspecting persons .
“ The counterfeit candles and perfumes , in particular , give rise to potential safety risks for purchasers , who will be unaware of the true nature of these products.
” In a separate but similar search operation last month at commercial premises in Dublin gardai uncovered what was described as “ a significant quantity ” of counterfeit products , and as well as the ear phones and console handsets , USB Plugs , phone chargers and “ a vast @ @ @ @ @ @ @ seized .
Gardaí estimated that as many as 15,000 counterfeit items and 10,000 pieces of branded packaging bearing particular brand names was seized along with hard drives and mobile phones as well as documentation .

The latest find was made when gardai moved in on a lorry that was under surveillance in south Dublin on Tuesday. Photograph: Garda
Gardai have made their second large seizure of counterfeit goods they believe were destined for the lucrative Christmas market, with a €200,000 haul found in the back of a truck in Dublin.
Gardai believe the goods had been smuggled into the Republic for sale here and that a group of criminals including by Asian and Irish men were behind the crime.
The latest seizure followed approximately 15,000 counterfeit items being seized last month, with that consignment valued at about €300,000. Both seizures were intelligence-led and were part of Operation Bannister, which is a dedicated inquiry targeting counterfeit goods and intellectual property crime.
The latest find was made when gardai moved in on a lorry that was under surveillance in south Dublin on Tuesday, with the back of the vehicle found fill with goods that gardai believe were all produced on the black economy.
READ MORE
The haul included clothing, sportswear, perfume and candles; including high quality copies of very expensive luxury branded goods. No arrests were made and gardai were investigating the origins of the goods and how they were due to distributed in Ireland.
The seizure was made by members of the Intellectual Property Crime Unit within the Garda National Bureau of Criminal Investigation (GNBCI), who searched the articulated lorry at about 11am on Tuesday.
Assistant Commissioner John O’Driscoll, who leads the Garda’s Organised and Serious Crime section, said people needed to be aware of compromises in safety and standards when buying goods that may be counterfeit.
“As we approach Christmas people should ensure they purchase gifts from reliable and legitimate sources,” Mr O’Driscoll said. “This seizure is significant as it prevents a consignment of counterfeit and substandard products entering the market and being purchased by unsuspecting persons.
“The counterfeit candles and perfumes, in particular, give rise to potential safety risks for purchasers, who will be unaware of the true nature of these products.”
In a separate but similar search operation last month at commercial premises in Dublin gardai uncovered what was described as “a significant quantity” of counterfeit products, and as well as the ear phones and console handsets , USB Plugs, phone chargers and “a vast amount of branded packaging” was also seized.
Gardaí estimated that as many as 15,000 counterfeit items and 10,000 pieces of branded packaging bearing particular brand names was seized along with hard drives and mobile phones as well as documentation.


theirishtimes--2020-12-09--Irishman wanted in US where he was convicted of attempting to entice child

A 45-year-old Irishman is wanted in the United States where he has been convicted of attempting to entice a child for indecent purposes .
Martin Jude Wall ( 45 ) is being sought by the Chatham County Sheriff ’ s office in Georgia after he allegedly breached the conditions of his release by fleeing to Ireland .
Gardaí attached to the Garda National Bureau of Criminal Investigation ( GNBCI ) on Tuesday arrested Mr Wall .
Detective Superintendent Michael Mullen of the Garda Extradition Unit said : “ This significant arrest coordinated by detectives attached to Organised and Serious Crime @ @ @ @ @ @ @ ongoing commitment to ensuring persons wanted on foot of International arrest warrants are brought to justice.
” Wall , who is an Irish citizen , was convicted following a “ sting ” operation .
He believed he was contacting a 13-year-old girl when in fact he was dealing with law enforcement .
He was convicted but released on various conditions and is alleged to have breached those conditions by absconding to Ireland .
He is on the sex offenders ’ register in Savannah where he is listed as “ homeless ” .
Wall @ @ @ @ @ @ @ and was remanded in custody until a hearing on Wednesday 20th January 2021 .

Wall, who is an Irish citizen, was convicted following a “sting” operation.
A 45-year-old Irishman is wanted in the United States where he has been convicted of attempting to entice a child for indecent purposes.
Martin Jude Wall (45) is being sought by the Chatham County Sheriff’s office in Georgia after he allegedly breached the conditions of his release by fleeing to Ireland. Gardaí attached to the Garda National Bureau of Criminal Investigation (GNBCI) on Tuesday arrested Mr Wall.
Detective Superintendent Michael Mullen of the Garda Extradition Unit said: “This significant arrest coordinated by detectives attached to Organised and Serious Crime in partnership with USA authorities represents our ongoing commitment to ensuring persons wanted on foot of International arrest warrants are brought to justice.”
Wall, who is an Irish citizen, was convicted following a “sting” operation. He believed he was contacting a 13-year-old girl when in fact he was dealing with law enforcement.
READ MORE
He was convicted but released on various conditions and is alleged to have breached those conditions by absconding to Ireland. He is on the sex offenders’ register in Savannah where he is listed as “homeless”. Wall appeared before the High Court this week and was remanded in custody until a hearing on Wednesday 20th January 2021.


theirishtimes--2020-12-09--Woman who lay down on motorway banned from driving for four years

A drunk female motorist who lay down in front of her car on a busy motorway during rush hour traffic has been banned from driving for four years .
At Ennis District Court on Wednesday , Judge Patrick Durcan stated that Geraldine Meade ’ s behaviour during the incident was “ appalling ” .
Judge Durcan imposed the four-year driving ban after Ms Meade ( 52 ) of Galtee Close , Glenmore , Limerick pleaded guilty to failing to provide a specimen of blood or urine to test for drink driving at Shannon Garda Station on September 25th last .
@ @ @ @ @ @ @ a very serious refusal case .
A bad case.
” Judge Durcan also imposed a fine of €750 along with the mandatory four-year driving ban .
Sgt Aiden Lonergan told the court that several “ 999 ” calls were made at about 5pm on September 25th concerning the driving of a Toyota Yaris travelling north on the M18 motorway near Newmarket on Fergus .
Sgt Lonergan stated that when Garda James Hanley and colleagues reached the scene , Ms Meade had brought her car to a stop on the motorway and was obstructing @ @ @ @ @ @ @ Lonergan stated that Garda Hanley found Ms Meade laying on the road in front of her car .
Sgt Lonergan stated that Ms Meade appeared to be highly intoxicated , had slurred speech , had difficulty standing upright unaided and had a strong smell of intoxicant on her breath .
Sgt Lonergan stated that Ms Meade was obstreperous towards emergency responders at the scene .
He stated that Garda Hanley arrested her and it required four gardaí members to carry her to the rear prison cell of a Garda van .
He stated @ @ @ @ @ @ @ Meade continued to be unco-operative and lay down facedown on the floor .
Sgt Lonergan stated that Ms Meade refused to provide a specimen for the purpose of a drink driving test .
Sgt Lonergan stated that Ms Meade has 20 previous convictions including 18 for theft .
Solicitor for Ms Meade , Tara Godfrey stated that her client has a very significant psychiatric illness .
She stated that Ms Meade has no history of drink driving or refusing to give specimens .
Ms Godfrey stated that her client was intoxicated on the @ @ @ @ @ @ @ Meade “ is very remorseful , her desire is to plead guilty , she doesn ’ t want to drive again and doesn ’ t have a car now ” .
Ms Godfrey stated that Ms Meade is dealing with the underlying psychiatric issues that was at the root of the incident .

Judge Durcan imposed the four-year driving ban after Ms Meade (52) of Galtee Close, Glenmore, Limerick
A drunk female motorist who lay down in front of her car on a busy motorway during rush hour traffic has been banned from driving for four years.
At Ennis District Court on Wednesday, Judge Patrick Durcan stated that Geraldine Meade's behaviour during the incident was "appalling".
Judge Durcan imposed the four-year driving ban after Ms Meade (52) of Galtee Close, Glenmore, Limerick pleaded guilty to failing to provide a specimen of blood or urine to test for drink driving at Shannon Garda Station on September 25th last.
Judge Durcan said: “This is a very serious refusal case. A bad case.”
READ MORE
Judge Durcan also imposed a fine of €750 along with the mandatory four-year driving ban.
Sgt Aiden Lonergan told the court that several "999" calls were made at about 5pm on September 25th concerning the driving of a Toyota Yaris travelling north on the M18 motorway near Newmarket on Fergus.
Sgt Lonergan stated that when Garda James Hanley and colleagues reached the scene, Ms Meade had brought her car to a stop on the motorway and was obstructing rush hour Friday evening traffic.
Sgt Lonergan stated that Garda Hanley found Ms Meade laying on the road in front of her car.
Sgt Lonergan stated that Ms Meade appeared to be highly intoxicated, had slurred speech, had difficulty standing upright unaided and had a strong smell of intoxicant on her breath.
Sgt Lonergan stated that Ms Meade was obstreperous towards emergency responders at the scene.
He stated that Garda Hanley arrested her and it required four gardaí members to carry her to the rear prison cell of a Garda van.
He stated that at Shannon Garda Station, Ms Meade continued to be unco-operative and lay down facedown on the floor.
Sgt Lonergan stated that Ms Meade refused to provide a specimen for the purpose of a drink driving test.
Sgt Lonergan stated that Ms Meade has 20 previous convictions including 18 for theft.
Solicitor for Ms Meade, Tara Godfrey stated that her client has a very significant psychiatric illness.
She stated that Ms Meade has no history of drink driving or refusing to give specimens.
Ms Godfrey stated that her client was intoxicated on the night.
Ms Godfrey stated that Ms Meade “is very remorseful, her desire is to plead guilty, she doesn’t want to drive again and doesn’t have a car now”.
Ms Godfrey stated that Ms Meade is dealing with the underlying psychiatric issues that was at the root of the incident.


theirishtimes--2020-12-09--Brexit: DUP welcomes elements of Irish Sea border deal

The DUP has welcomed some elements of the agreement in principle struck between the British government and the European Union on how the new Irish Sea border will operate .
The DUP also has defended itself against criticism from the likes of the Ulster Unionist Party and Traditional Unionist Voice party that it was complicit in the new trade arrangement between Northern Ireland and Britain .
While the UUP and TUV complained that the protocol had the potential to weaken the North ’ s union with Britain , the DUP said it had opposed the Northern Ireland protocol , which @ @ @ @ @ @ @ and voted against it in the House of Commons .
“ We consistently warned both the [ Theresa ] May and the [ Boris ] Johnson government about treading this path .
Sadly , despite our votes , the government continued to pursue arrangements for Northern Ireland that are both unnecessary and left uncorrected potentially damaging to the NI economy , ” it said in a statement .
“ Our guiding principle throughout the period of exit negotiations has been that Northern Ireland ’ s place within the internal market of the United @ @ @ @ @ @ @ Ireland must continue to enjoy unfettered access both to , and from , Great Britain , ” it added .
The DUP nonetheless said that some aspects of the agreement indicated that progress was made .
“ In particular we welcome the commitment that there will be no additional paperwork to be completed by businesses moving goods from Northern Ireland to Great Britain , ” it said .
“ We will want to ensure that regardless of wider circumstances there continues to be full-unfettered access for our businesses to the lucrative Great Britain @ @ @ @ @ @ @ Ireland is to continue to be a full participant in the United Kingdom internal market.
” The DUP said that ultimately it would test and judge all these issues on the basis of how they operated in practice and whether they delivered “ unfettered access ” to the British market .
It added , “ We would remind all those involved , and the European Union specifically , that unless arrangements have the support of both unionists and nationalists in Northern Ireland they will ultimately fail and on that basis it is imperative @ @ @ @ @ @ @ way disadvantage the people of Northern Ireland or our place within the UK market.
” The UUP leader Steve Aiken , however , said the deal was a “ bad day for Northern Ireland ” .
“ Despite the smoke and mirrors from the UK government , what has been agreed does nothing other than kick the can down the road for another three months and create further uncertainty for producers and consumers , ” he said .
“ It ’ s shocking that [ British cabinet secretary ] Michael Gove has the @ @ @ @ @ @ @ of Northern Ireland that this is a good deal , ” he said .
“ We urgently need to hear more than just bluster from the UK government on how they are truly going to protect Northern Ireland ’ s place within the UK internal market .
Today ’ s statement just doesn ’ t cut it , ” added Mr Aiken .
The Sinn Féin Deputy First Minister Michelle O ’ Neill said agreement on the protocol was welcome , while hoping it would signal a wider Brexit trade deal .
Calling @ @ @ @ @ @ @ she said , “ the tariff-free grace period ” which it had called for to ensure security of food supply for supermarkets would create breathing space for retailers and traders .
“ It is now incumbent on the British government to engage directly with businesses in order to make them aware of exactly what the new arrangements will be and what they will be required to do and , crucially , what support will be available for them , ” she said .
“ It is welcome that the EU will have a @ @ @ @ @ @ @ the implementation and outworking of the Withdrawal Agreement and Irish protocol , ” added Ms O ’ Neill .

The DUP has welcomed some elements of the agreement in principle struck between the British government and the European Union on how the new Irish Sea border will operate.
The DUP also has defended itself against criticism from the likes of the Ulster Unionist Party and Traditional Unionist Voice party that it was complicit in the new trade arrangement between Northern Ireland and Britain.
While the UUP and TUV complained that the protocol had the potential to weaken the North’s union with Britain, the DUP said it had opposed the Northern Ireland protocol, which has brought the new arrangement about, and voted against it in the House of Commons.
“We consistently warned both the [Theresa] May and the [Boris] Johnson government about treading this path. Sadly, despite our votes, the government continued to pursue arrangements for Northern Ireland that are both unnecessary and left uncorrected potentially damaging to the NI economy,” it said in a statement.
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"Our guiding principle throughout the period of exit negotiations has been that Northern Ireland's place within the internal market of the United Kingdom must not be undermined and Northern Ireland must continue to enjoy unfettered access both to, and from, Great Britain," it added.
The DUP nonetheless said that some aspects of the agreement indicated that progress was made. “In particular we welcome the commitment that there will be no additional paperwork to be completed by businesses moving goods from Northern Ireland to Great Britain,” it said.
“We will want to ensure that regardless of wider circumstances there continues to be full-unfettered access for our businesses to the lucrative Great Britain marketplace. This is vital if Northern Ireland is to continue to be a full participant in the United Kingdom internal market.”
The DUP said that ultimately it would test and judge all these issues on the basis of how they operated in practice and whether they delivered “unfettered access” to the British market.
It added, “We would remind all those involved, and the European Union specifically, that unless arrangements have the support of both unionists and nationalists in Northern Ireland they will ultimately fail and on that basis it is imperative that on-the-ground implementation does not in any way disadvantage the people of Northern Ireland or our place within the UK market.”
The UUP leader Steve Aiken, however, said the deal was a "bad day for Northern Ireland".
“Despite the smoke and mirrors from the UK government, what has been agreed does nothing other than kick the can down the road for another three months and create further uncertainty for producers and consumers,” he said.
"It's shocking that [British cabinet secretary] Michael Gove has the audacity to try to tell the people of Northern Ireland that this is a good deal," he said.
“We urgently need to hear more than just bluster from the UK government on how they are truly going to protect Northern Ireland’s place within the UK internal market. Today’s statement just doesn’t cut it,” added Mr Aiken.
The Sinn Féin Deputy First Minister Michelle O'Neill said agreement on the protocol was welcome, while hoping it would signal a wider Brexit trade deal.
Calling for more clarity on the deal, she said, “the tariff-free grace period” which it had called for to ensure security of food supply for supermarkets would create breathing space for retailers and traders.
“It is now incumbent on the British government to engage directly with businesses in order to make them aware of exactly what the new arrangements will be and what they will be required to do and, crucially, what support will be available for them,” she said.
“It is welcome that the EU will have a permanent presence in the North to monitor the implementation and outworking of the Withdrawal Agreement and Irish protocol,” added Ms O’Neill.


theirishtimes--2020-12-09--Shop was obliged to take reasonable steps to prevent foreseeable harm – court

A convenience store near late night clubs and bars was obliged to take reasonable steps to prevent foreseeable harm to a customer who had been attacked by another man in the shop , the Court of Appeal has said .
Mr Justice Brian Murray made his comments when he dismissed an appeal in a case in which a man was awarded €750,000 over an attack by another man after he had been prevented getting back into a shop for refuge .
The shop and its security company appealed liability for the award made in 2018 by the High Court to @ @ @ @ @ @ @ psychiatric nurse , who was an innocent victim of an assault outside Centra supermarket on Grand Parade in Cork ’ s city centre on October 31st , 2011 .
Mr McCarthy , Dwyer Road , Midleton , Co , Cork , was initially attacked inside the store after he protested about someone jumping the queue .
A security man , who had not been made aware by another security man that Mr McCarthy was an innocent party , decided to diffuse the dispute by putting Mr McCarthy , but not his attackers , @ @ @ @ @ @ @ and attacked him again but he broke free and tried to get back into the store for refuge but was refused .
At that point , Mr McCarthy had collided with a woman whose boyfriend , who had nothing to do with the earlier row , responded with “ a swift and devastating blow ” causing him to fall to the ground and sustain a serious brain injury , the Court of Appeal said .
The man who assaulted him was later given a five-year jail sentence , with the last two years @ @ @ @ @ @ @ Supermarket Group , Patrick Street , Fermoy , Co Cork , and security company it employed , Tekken Security , Upper Clanbrassil Street , Dublin , had appealed the High Court decision on the basis that they were not liable for the alleged negligence claimed by Mr McCarthy .
Giving the Court of Appeal decision , Mr Justice Murray said the owner of a convenience store has a duty of care to its customers to take reasonable steps to protect them against a foreseeable risk of harm from , among other sources , @ @ @ @ @ @ @ nature of that duty will vary from case to case , being ultimately dependent upon the nature and location of the premises .
Where , as in this case , the shop enjoys a city centre location in the vicinity of late night bars and night clubs and is open 24 hours , a duty of care must accommodate the prospect the premises will at times be crowded with people who are likely to be intoxicated and pose a foreseeable risk to others , the judge said .
That duty of care extends @ @ @ @ @ @ @ to the property and to ensure that there are personnel on the premises in a position to intervene where altercations take place in the shop , to either diffuse such altercations or to eject some or all of those involved , he said .
The store is not usually obliged to police the public footpath , but when ejecting customers in these circumstances , the shop owner is not obliged to determine who is the innocent party or who is the guilty and not generally required to re-admit any of the ejected persons @ @ @ @ @ @ @ , as had happened here , the shop knows a person ejected in order to diffuse a row is the innocent party , and where it knew the attackers have followed him out , the shop owner was under a duty to readmit him so as to protect him from danger to which he was now exposed , he said .
The defendants , he held , were not entitled to rely on the Civil Liability Act 1961 so as to render Mr McCarthy responsible for the actions of the man who knocked @ @ @ @ @ @ @ of the High Court ’ s Mr Justice Kevin Cross should be affirmed , he said .

The shop and its security company appealed liability for the award made in 2018 by the High Court to Cian McCarthy (32), a psychiatric nurse, who was an innocent victim of an assault outside Centra supermarket on Grand Parade in Cork’s city centre. Photograph Nick Bradshaw
A convenience store near late night clubs and bars was obliged to take reasonable steps to prevent foreseeable harm to a customer who had been attacked by another man in the shop, the Court of Appeal has said.
Mr Justice Brian Murray made his comments when he dismissed an appeal in a case in which a man was awarded €750,000 over an attack by another man after he had been prevented getting back into a shop for refuge.
The shop and its security company appealed liability for the award made in 2018 by the High Court to Cian McCarthy (32), a psychiatric nurse, who was an innocent victim of an assault outside Centra supermarket on Grand Parade in Cork’s city centre on October 31st, 2011.
Mr McCarthy, Dwyer Road, Midleton, Co, Cork, was initially attacked inside the store after he protested about someone jumping the queue.
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A security man, who had not been made aware by another security man that Mr McCarthy was an innocent party, decided to diffuse the dispute by putting Mr McCarthy, but not his attackers, outside. His assailants followed Mr McCarthy and attacked him again but he broke free and tried to get back into the store for refuge but was refused.
At that point, Mr McCarthy had collided with a woman whose boyfriend, who had nothing to do with the earlier row, responded with “a swift and devastating blow” causing him to fall to the ground and sustain a serious brain injury, the Court of Appeal said.
The man who assaulted him was later given a five-year jail sentence, with the last two years suspended.
The store operators, Herlihy Supermarket Group, Patrick Street, Fermoy, Co Cork, and security company it employed, Tekken Security, Upper Clanbrassil Street, Dublin, had appealed the High Court decision on the basis that they were not liable for the alleged negligence claimed by Mr McCarthy.
Giving the Court of Appeal decision, Mr Justice Murray said the owner of a convenience store has a duty of care to its customers to take reasonable steps to protect them against a foreseeable risk of harm from, among other sources, the hands of other customers.
The nature of that duty will vary from case to case, being ultimately dependent upon the nature and location of the premises.
Where, as in this case, the shop enjoys a city centre location in the vicinity of late night bars and night clubs and is open 24 hours, a duty of care must accommodate the prospect the premises will at times be crowded with people who are likely to be intoxicated and pose a foreseeable risk to others, the judge said.
That duty of care extends to taking reasonable steps to control access to the property and to ensure that there are personnel on the premises in a position to intervene where altercations take place in the shop, to either diffuse such altercations or to eject some or all of those involved, he said.
The store is not usually obliged to police the public footpath, but when ejecting customers in these circumstances, the shop owner is not obliged to determine who is the innocent party or who is the guilty and not generally required to re-admit any of the ejected persons, he said.
However, where, as had happened here, the shop knows a person ejected in order to diffuse a row is the innocent party, and where it knew the attackers have followed him out, the shop owner was under a duty to readmit him so as to protect him from danger to which he was now exposed, he said.
The defendants, he held, were not entitled to rely on the Civil Liability Act 1961 so as to render Mr McCarthy responsible for the actions of the man who knocked him to the ground.
The decision of the High Court’s Mr Justice Kevin Cross should be affirmed, he said.


theirishtimes--2020-12-09--Car hire firm given until July to see if it can pay legal costs in airport pickup case

An online car hire company suing over its alleged entitlement to pick up customers at Dublin Airport has been given until July to see if it can come up with €170,000 to pay for legal costs should it lose its High Court action over the dispute .
This is because the pandemic has devastated the travel and hospitality industry and by next July the trading performance of ER Travel , trading as Easirent.com , should be clear and the current uncertainty should largely have been “ set to rest ” , Mr Justice Max Barrett said .
ER does not @ @ @ @ @ @ @ picks up customers who have booked over the internet and takes them to their vehicles at an off-airport location which it says means it can offer a better value rental .
The Dublin Airport Authority ( DAA ) , which grants those concessions , says sending shuttle buses to pick up customers is a breach of its bye-laws requiring its permission to conduct business activities at the airport .
There was an ongoing dispute between March 2016 and April 2019 and last year ER sued seeking declarations including that the DAA had acted @ @ @ @ @ @ @ of the airport bye-laws itself .
It also claimed the DAA was unlawfully abusing a dominant position in breach of the Competition Act 2002 and infringing the rights of passengers .
The claims were denied by the DAA which also opposed an application for an injunction preventing interference with ER ’ s position pending determination of the proceedings .
That injunction was refused and the DAA got an order from the court requiring ER to come up with €170,000 security for costs up front should it lose the main action .
ER did @ @ @ @ @ @ @ to have the case dismissed entirely .
ER opposed this application saying that like most of the travel industry it had been devastated by the economic effects of the pandemic .
If it was given some time , it will have had “ some opportunity to recover from the blows inflicted upon it by the effective shut-down of the air travel industry ” , it said .
Mr Justice Barrett refused to dismiss the case and said he would adjourn it to mid-July .
At that time , the court will expect ER @ @ @ @ @ @ @ “ a meaningful and comprehensive manner of how ER stands , ” he said .
This will include a comprehensive “ realistic programme ” of how it can raise the money , its annual accounts for 2020 , its management accounts for 2021 and if available by July 2021 , its half-yearly accounts for 2021 , he said .

An online car hire company suing over its alleged entitlement to pick up customers at Dublin Airport has been given until July to see if it can come up with €170,000 to pay for legal costs should it lose its High Court action over the dispute.
This is because the pandemic has devastated the travel and hospitality industry and by next July the trading performance of ER Travel, trading as Easirent.com, should be clear and the current uncertainty should largely have been “set to rest”, Mr Justice Max Barrett said.
ER does not have a concession at the airport but picks up customers who have booked over the internet and takes them to their vehicles at an off-airport location which it says means it can offer a better value rental.
The Dublin Airport Authority (DAA), which grants those concessions, says sending shuttle buses to pick up customers is a breach of its bye-laws requiring its permission to conduct business activities at the airport.
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There was an ongoing dispute between March 2016 and April 2019 and last year ER sued seeking declarations including that the DAA had acted outside its powers and was in breach of the airport bye-laws itself. It also claimed the DAA was unlawfully abusing a dominant position in breach of the Competition Act 2002 and infringing the rights of passengers.
The claims were denied by the DAA which also opposed an application for an injunction preventing interference with ER’s position pending determination of the proceedings.
That injunction was refused and the DAA got an order from the court requiring ER to come up with €170,000 security for costs up front should it lose the main action.
ER did not pay up and the DAA sought to have the case dismissed entirely.
ER opposed this application saying that like most of the travel industry it had been devastated by the economic effects of the pandemic. If it was given some time, it will have had “some opportunity to recover from the blows inflicted upon it by the effective shut-down of the air travel industry”, it said.
Mr Justice Barrett refused to dismiss the case and said he would adjourn it to mid-July.
At that time, the court will expect ER to provide it and the DAA with “a meaningful and comprehensive manner of how ER stands,” he said.
This will include a comprehensive “realistic programme” of how it can raise the money, its annual accounts for 2020, its management accounts for 2021 and if available by July 2021, its half-yearly accounts for 2021, he said.