theirishtimes--2020-03-06--Health service managers table coronavirus proposals to trade unions

Health service managers are seeking provision to move staff to different locations , to change working hours and for any form of industrial action to be suspended as part of plans to deal with the coronavirus outbreak .
In proposals tabled to trade unions on Friday , the HSE said that if a national public health emergency was declared in relation to Covid-19 , the cancellation of annual and discretionary leave would if necessary be considered by the National Crisis Management Team .
The HSE said some or all identified non-essential services may have to be cancelled or postponed in @ @ @ @ @ @ @ the infection .
“ Employees in positions that are curtailed or temporarily suspended ( non-essential services ) will be deemed available to be redeployed to assist in other essential service areas that are experiencing staffing shortages , ” the proposals stated .
“ If necessary , employees may be required to work different hours or in a different location.
” Separately , Garda Commissioner Drew Harris said while the “ extreme scenario ” of using force to ensure people self-isolated was not something he envisaged arising soon , the Garda had the power @ @ @ @ @ @ @ necessary .
“ There is legislation which provides us with the necessary powers to protect the public , ” he said , adding that the Garda could possibly be called in to aid the HSE in that regard .
“ We have seen this scenario arise in other jurisdictions , and one can expect if we are in such a situation we may have to apply enforcement powers.
” Meanwhile , the Irish Prison Service is monitoring the prison population for the virus and is considering screening any new prisoners for it on @ @ @ @ @ @ @ may also be extended to visitors , staff and contractors entering jails .
Taoiseach Leo Varadkar urged people “ not to act unilaterally , whether that is crèche owners or business owners or event organisers ” .
“ We need to act in concert , and if the response needs to be escalated we should escalate it altogether.
” Mr Varadkar also said the Government has authorised the HSE to open extra beds in intensive care units .
“ As of now , nobody has needed an ICU bed yet , but obviously @ @ @ @ @ @ @ and also additional capacity for isolation as needed , and also [ there are ] discussions under way with private hospitals to use their capacity too .
“ What we may have to do is ask people who are retired healthcare professionals to come back into service if there are significant pressures on our health service in the weeks ahead.
” He also said there would be a “ clear solution ” next week on income supports for those who need to self-isolate .
Mr Varadkar said there was no need at this @ @ @ @ @ @ @ any support , but added : “ The Defence Forces are always available to aid the State when needed.
” The surge in cases has led to the closure of a number of schools in different locations , but the Department of Education said it would not be confirming the number or details of schools that were closed .
“ This is in the interests of protecting the identity of people , places and community , ” a spokesman said .

The HSE says if a national public health emergency is declared over Covid-19, the cancellation of annual and discretionary leave would if necessary be considered by the National Crisis Management Team. Photograph: Getty Images
Health service managers are seeking provision to move staff to different locations, to change working hours and for any form of industrial action to be suspended as part of plans to deal with the coronavirus outbreak.
In proposals tabled to trade unions on Friday, the HSE said that if a national public health emergency was declared in relation to Covid-19, the cancellation of annual and discretionary leave would if necessary be considered by the National Crisis Management Team.
The HSE said some or all identified non-essential services may have to be cancelled or postponed in order to deal with the effects of the infection.
“Employees in positions that are curtailed or temporarily suspended (non-essential services) will be deemed available to be redeployed to assist in other essential service areas that are experiencing staffing shortages,” the proposals stated.
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“If necessary, employees may be required to work different hours or in a different location.”
Separately, Garda Commissioner Drew Harris said while the “extreme scenario” of using force to ensure people self-isolated was not something he envisaged arising soon, the Garda had the power to do so if it was deemed necessary.
“There is legislation which provides us with the necessary powers to protect the public,” he said, adding that the Garda could possibly be called in to aid the HSE in that regard.
“We have seen this scenario arise in other jurisdictions, and one can expect if we are in such a situation we may have to apply enforcement powers.”
New prisoners
Meanwhile, the Irish Prison Service is monitoring the prison population for the virus and is considering screening any new prisoners for it on their committal to prison. This screening may also be extended to visitors, staff and contractors entering jails.
Taoiseach Leo Varadkar urged people “not to act unilaterally, whether that is crèche owners or business owners or event organisers”.
“We need to act in concert, and if the response needs to be escalated we should escalate it altogether.”
Mr Varadkar also said the Government has authorised the HSE to open extra beds in intensive care units.
“As of now, nobody has needed an ICU bed yet, but obviously additional ICU beds will be made available and also additional capacity for isolation as needed, and also [there are] discussions under way with private hospitals to use their capacity too.
“What we may have to do is ask people who are retired healthcare professionals to come back into service if there are significant pressures on our health service in the weeks ahead.”
He also said there would be a “clear solution” next week on income supports for those who need to self-isolate.
Support
Mr Varadkar said there was no need at this point for the Defence Forces to provide any support, but added: “The Defence Forces are always available to aid the State when needed.”
The surge in cases has led to the closure of a number of schools in different locations, but the Department of Education said it would not be confirming the number or details of schools that were closed.
“This is in the interests of protecting the identity of people, places and community,” a spokesman said.


theirishtimes--2020-03-06--Former tánaiste recalls how she was refused entry to all-male club

A series of portraits celebrating some of the most prominent members of Trinity College Dublin ’ s College Historical Society , known as the “ Hist ” , were unveiled on Friday as part of the student debating society ’ s 250th anniversary celebrations .
The five portraits painted by Irish artist Mick O ’ Dea feature Trinity graduates Conor Cruise O ’ Brien , Frederick Boland , Owen Sheehy Skeffington , Mary Harney and Jaja Wachuku , Nigeria ’ s first foreign minister .
Speaking at the event on Friday , former tánaiste and leader of the Progressive Democrats @ @ @ @ @ @ @ first female auditor of the society in 1976 , she was refused entry into the all-male university graduate club .
“ I applied for membership and it was refused .
When I enquired if it was because I was a woman I was told no , it was because I wasn ’ t a man .
And look how Ireland has changed since , it ’ s quite incredible.
” Dr Harney paid tribute to her fellow former “ Hist ” members who were posthumously remembered in the four other portraits commissioned for @ @ @ @ @ @ @ politician and diplomat Conor Cruise O ’ Brien .
“ He was always prepared to say the unpopular thing and I ’ m always a fan of people not being afraid to say what they think and believe and to defend their position , ” she said .
Dr Harney concluded that she hoped her painting could serve as an inspiration for students arriving into university who might be “ slightly intimidated , maybe shy like I was and feeling a little bit out of place because nobody in my family had ever @ @ @ @ @ @ @ recalled the impact debating had on her college and subsequent political life .
“ When I came to Trinity in 1972 I was a very shy girl from rural county Dublin , ” she said .
“ The Hist taught me how to hone debating skills , how to think on my feet , how to challenge arguments and to understand different perspectives .
“ I hope that it will inspire those young women and young men to get involved in debating , to challenge what ’ s being said and to learn @ @ @ @ @ @ @ ambassador to Ireland , Dr Uzoma Emenike , paid tribute to her country ’ s first foreign minister Dr Jaja Wachuku , whose portrait now hangs in the historical society ’ s conversation room .
Dr Wachuku , a silver medallist in the “ Hist ” debating competition who attended Trinity in the 1940s , also went on to become Nigeria ’ s first permanent representative to the United Nations , said Dr Emenike .
“ A lawyer , a politician , a diplomat , a humanitarian , a pan-Africanist and above everything @ @ @ @ @ @ @ daily life that he built bridges nationally and internationally , ” she said , adding that his inclusion among the portraits “ says a lot about the Irish-Nigerian relationship ” .
“ It keeps moving from strength to strength .
Our relationship with Ireland has been further solidified with this recognition .
”

Dr Mary Harney: The unveiling of newly commissioned portraits in Trinity are part of the Hist250 anniversary celebrations. Photograph: Alan Betson / The Irish Times
A series of portraits celebrating some of the most prominent members of Trinity College Dublin’s College Historical Society, known as the “Hist”, were unveiled on Friday as part of the student debating society’s 250th anniversary celebrations.
The five portraits painted by Irish artist Mick O'Dea feature Trinity graduates Conor Cruise O'Brien, Frederick Boland, Owen Sheehy Skeffington, Mary Harney and Jaja Wachuku, Nigeria's first foreign minister.
Speaking at the event on Friday, former tánaiste and leader of the Progressive Democrats Dr Harney recalled how on becoming the first female auditor of the society in 1976, she was refused entry into the all-male university graduate club.
"I applied for membership and it was refused. When I enquired if it was because I was a woman I was told no, it was because I wasn't a man. And look how Ireland has changed since, it's quite incredible."
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Dr Harney paid tribute to her fellow former “Hist” members who were posthumously remembered in the four other portraits commissioned for the 250th celebrations, particularly the late politician and diplomat Conor Cruise O’Brien.
“He was always prepared to say the unpopular thing and I’m always a fan of people not being afraid to say what they think and believe and to defend their position,” she said.
Dr Harney concluded that she hoped her painting could serve as an inspiration for students arriving into university who might be “slightly intimidated, maybe shy like I was and feeling a little bit out of place because nobody in my family had ever gone to university before”.
‘Very shy’
She recalled the impact debating had on her college and subsequent political life.
“When I came to Trinity in 1972 I was a very shy girl from rural county Dublin,” she said. “The Hist taught me how to hone debating skills, how to think on my feet, how to challenge arguments and to understand different perspectives.
A portrait of Nigeria’s first foreign minister, Dr Jaja Wachuku, now hangs in the historical society’s conversation room in Trinity College Dublin. Photograph: Alan Betson / The Irish Times
“I hope that it will inspire those young women and young men to get involved in debating, to challenge what’s being said and to learn to respect difference.”
Nigeria's ambassador to Ireland, Dr Uzoma Emenike, paid tribute to her country's first foreign minister Dr Jaja Wachuku, whose portrait now hangs in the historical society's conversation room.
Dr Wachuku, a silver medallist in the "Hist" debating competition who attended Trinity in the 1940s, also went on to become Nigeria's first permanent representative to the United Nations, said Dr Emenike.
“A lawyer, a politician, a diplomat, a humanitarian, a pan-Africanist and above everything a man that made sure in his daily life that he built bridges nationally and internationally,” she said, adding that his inclusion among the portraits “says a lot about the Irish-Nigerian relationship”.
“It keeps moving from strength to strength. Our relationship with Ireland has been further solidified with this recognition.”


theirishtimes--2020-03-06--Console boss’s widow charged over fraud and money laundering

Patricia Kelly , widow of Console founder Paul Kelly , is to stand trial accused of fraudulent trading and concealing crime proceeds of the suicide prevention charity .
The former chief executive , Mr Kelly , died on February 9th last , the night before he was to be charged with financial irregularities at Console .
On Friday , his wife and a former director Patricia Kelly ( 58 ) was brought before Judge Victor Blake at Dublin District Court .
She faces two counts of fraudulent trading by Console Suicide Bereavement , between December 2006 and July 2016 .
@ @ @ @ @ @ @ , in which it was alleged that from September 2010 until July 2016 she concealed or disguised the true nature , location , movement or ownership of properties of Console , which were proceeds of criminal conduct .
It follows an investigation by the Garda National Economic Crime Bureau ( GNECB ) with the Office of the Director of Corporate Enforcement ( ODCE ) .
The inquiry began following a 2016 RTÉ documentary about the charity , which has gone into liquidation .
Ms Kelly , now on social welfare , was ordered @ @ @ @ @ @ @ be served with a book of evidence and returned for trial to a higher court .
There was no objection to bail in her own bond of €200 subject to several conditions .
Det Glenn MacKessy asked the judge to include in the order terms compelling her to sign on three times a week at a Garda station , and to be contactable by mobile phone at all times .
Ms Kelly ’ s solicitor , James MacGuill , described his client as nervous and told Judge Blake “ she will be contesting @ @ @ @ @ @ @ to the signing on requirement and the need for her to carry a mobile phone .
He called those two terms onerous .
The solicitor said it was likely that there would be a prolonged period before her trial proceeds.Mr MacGuill said his client , knowing she was under investigation , had not tried to evade justice .
Her passport has expired and she would undertake not to apply for a new one , he said .
The solicitor said Ms Kelly ’ s husband died by suicide the night before he was @ @ @ @ @ @ @ has frozen her assets and she did not have a car , the solicitor said .

Patricia Kelly (58) was ordered to appear again on April 17th to be served with a book of evidence and returned for trial to a higher court. Photograph: Dave Meehan
Patricia Kelly, widow of Console founder Paul Kelly, is to stand trial accused of fraudulent trading and concealing crime proceeds of the suicide prevention charity.
The former chief executive, Mr Kelly, died on February 9th last, the night before he was to be charged with financial irregularities at Console.
On Friday, his wife and a former director Patricia Kelly (58) was brought before Judge Victor Blake at Dublin District Court.
She faces two counts of fraudulent trading by Console Suicide Bereavement, between December 2006 and July 2016. The third charge was for money laundering, in which it was alleged that from September 2010 until July 2016 she concealed or disguised the true nature, location, movement or ownership of properties of Console, which were proceeds of criminal conduct.
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Book of evidence
It follows an investigation by the Garda National Economic Crime Bureau (GNECB) with the Office of the Director of Corporate Enforcement (ODCE). The inquiry began following a 2016 RTÉ documentary about the charity, which has gone into liquidation.
Ms Kelly, now on social welfare, was ordered to appear again on April 17th to be served with a book of evidence and returned for trial to a higher court.
There was no objection to bail in her own bond of €200 subject to several conditions. Det Glenn MacKessy asked the judge to include in the order terms compelling her to sign on three times a week at a Garda station, and to be contactable by mobile phone at all times.
‘Onerous’ terms
Ms Kelly’s solicitor, James MacGuill, described his client as nervous and told Judge Blake “she will be contesting the charges”. Mr MacGuill objected to the signing on requirement and the need for her to carry a mobile phone. He called those two terms onerous.
The solicitor said it was likely that there would be a prolonged period before her trial proceeds.Mr MacGuill said his client, knowing she was under investigation, had not tried to evade justice.
Her passport has expired and she would undertake not to apply for a new one, he said. The solicitor said Ms Kelly’s husband died by suicide the night before he was to be charged. The High Court has frozen her assets and she did not have a car, the solicitor said.


theirishtimes--2020-03-06--Irish men among four arrested in child trafficking investigation

A number of Irish men are among four people arrested on suspicion of attempting to traffic children into the UK .
The arrests follow a UK National Crime Agency ( NCA ) investigation into a group suspected of transporting migrants from Europe in the back of lorries .
Officers found 10 people being trafficked in a lorry carrying a load of tyres near Ghent in Belgium on Thursday .
The migrants , believed to be two adults and eight juveniles , are thought to be from south-east Asia .
Acting on information from the NCA , Belgian authorities arrested the @ @ @ @ @ @ @ man from Glasgow .
NCA officers also arrested two Irish men , aged 39 and 48 , in Dover on suspicion of facilitating illegal immigration .
A 30-year-old man was subsequently arrested in Co Antrim , Northern Ireland , on Friday .
The latter three are now in custody being questioned by NCA investigators .
Searches have been carried out at properties in Northern Ireland and England , with officers seizing two suspected firearms at an address in Kent .
NCA regional head of investigation Gerry McLean said : “ Our close working @ @ @ @ @ @ @ has led to the safeguarding of a number of migrants who had been put in a very dangerous situation , and we are grateful for their support .
“ Working with partners at home and abroad , we are determined to do all we can to disrupt and dismantle criminal networks involved in illegal immigration , and our investigation into this matter continues.
” West Flanders prosecutor Frank Demeester added : “ This kind of human smuggling is very dangerous and the operation proves once more that international co-operation works in the fight @ @ @ @ @ @ @ “ The contacts between the British NCA and Belgian Federal Judicial Police , maritime police and prosecutors have become more intense in recent years .
“ In the fight against human smuggling , the UK is obviously an important partner as being the country of destination.
” –PA

Searches have been carried out at properties in Northern Ireland and England, with officers seizing two suspected firearms at an address in Kent.
A number of Irish men are among four people arrested on suspicion of attempting to traffic children into the UK.
The arrests follow a UK National Crime Agency (NCA) investigation into a group suspected of transporting migrants from Europe in the back of lorries.
Officers found 10 people being trafficked in a lorry carrying a load of tyres near Ghent in Belgium on Thursday.
The migrants, believed to be two adults and eight juveniles, are thought to be from south-east Asia.
READ MORE
Acting on information from the NCA, Belgian authorities arrested the driver of the vehicle, a 64-year-old man from Glasgow. NCA officers also arrested two Irish men, aged 39 and 48, in Dover on suspicion of facilitating illegal immigration. A 30-year-old man was subsequently arrested in Co Antrim, Northern Ireland, on Friday.
The latter three are now in custody being questioned by NCA investigators.
Searches have been carried out at properties in Northern Ireland and England, with officers seizing two suspected firearms at an address in Kent.
NCA regional head of investigation Gerry McLean said: “Our close working with our Belgian partners in this instance has led to the safeguarding of a number of migrants who had been put in a very dangerous situation, and we are grateful for their support.
“Working with partners at home and abroad, we are determined to do all we can to disrupt and dismantle criminal networks involved in illegal immigration, and our investigation into this matter continues.”
West Flanders prosecutor Frank Demeester added: “This kind of human smuggling is very dangerous and the operation proves once more that international co-operation works in the fight against this type of organised crime.
"The contacts between the British NCA and Belgian Federal Judicial Police, maritime police and prosecutors have become more intense in recent years.
“In the fight against human smuggling, the UK is obviously an important partner as being the country of destination.” –PA


theirishtimes--2020-03-06--Alcock & Brown statue to sit in Clifden ‘forever’

The men who made history by being the first to fly non-stop across the Atlantic have found themselves a new home close to the west of Ireland landing spot where their plane touched down just over 100 years ago .
And it is all thanks to a chance conversation between a hotelier and a property developer .
The bronze statue of John Alcock and Arthur Brown , which was unveiled in Clifden , Co Galway , on Friday morning , is a replica of one which has been located in Heathrow airport for more than 60 years .
The two @ @ @ @ @ @ @ John ’ s in Newfoundland on June 14th , 1919 , in a Vickers-designed biplane .
They flew through thick fog , heavy snow and driving rain in an open cockpit with no means to keep warm or communicate , either with each other or the outside world , for the duration of their flight .
Just under 16 hours after they left Canada they glimpsed the Aran Islands and made for the rugged Connemara coast nearby .
They saw what they thought was a smooth green field and decided to land .
@ @ @ @ @ @ @ the sky was the sodden bog of Derrygimleigh , 7km south of Clifden , and while the landing was perfect the plane quickly sank into the ground .
The pair made their way to the nearby Marconi wireless station and eventually on to London , where they were greeted as heroes and knighted by King George V within the week .
In the 1950s a bronze statue of the men was commissioned by the British government and placed in Heathrow .
It has been moved around the airport complex five times since it @ @ @ @ @ @ @ made a fleeting visit to the west of Ireland last year as part of the centenary celebrations of the first non-stop transatlantic crossing .
Just days before it was due to go back to London , property developer Sean Mulryan and the owner of the Abbeyglen Castle hotel Brian Hughes had a brief discussion which led to the former stumping up close to €100,000 for a bronze replica .
Instead of going straight to London a mould was taken in Dublin , and the new statue was born .
“ I ’ ve @ @ @ @ @ @ @ , ” Mr Mulryan told The Irish Times .
“ I come to Clifton for a week ’ s holidays every year , and last year I saw the Alcock & Brown statue and was told it was on the way back home to London .
So we had a mould taken and had it cast in bronze and brought home to Clifden , where it will sit in the square forever , ” said the owner of the Ballymore Group .

The bronze statue of aviators John Alcock and Arthur Brown which was unveiled in Clifden, Co Galway. Photograph: Andrew Downes
The men who made history by being the first to fly non-stop across the Atlantic have found themselves a new home close to the west of Ireland landing spot where their plane touched down just over 100 years ago.
And it is all thanks to a chance conversation between a hotelier and a property developer.
The bronze statue of John Alcock and Arthur Brown, which was unveiled in Clifden, Co Galway, on Friday morning, is a replica of one which has been located in Heathrow airport for more than 60 years.
The two aviators from Manchester set off from St John’s in Newfoundland on June 14th, 1919, in a Vickers-designed biplane. They flew through thick fog, heavy snow and driving rain in an open cockpit with no means to keep warm or communicate, either with each other or the outside world, for the duration of their flight.
READ MORE
Just under 16 hours after they left Canada they glimpsed the Aran Islands and made for the rugged Connemara coast nearby. They saw what they thought was a smooth green field and decided to land.
Yet what looked smooth and green from the sky was the sodden bog of Derrygimleigh, 7km south of Clifden, and while the landing was perfect the plane quickly sank into the ground. The pair made their way to the nearby Marconi wireless station and eventually on to London, where they were greeted as heroes and knighted by King George V within the week.
In the 1950s a bronze statue of the men was commissioned by the British government and placed in Heathrow. It has been moved around the airport complex five times since it found its first home.
Fleeting visit
The statue made a fleeting visit to the west of Ireland last year as part of the centenary celebrations of the first non-stop transatlantic crossing.
Just days before it was due to go back to London, property developer Sean Mulryan and the owner of the Abbeyglen Castle hotel Brian Hughes had a brief discussion which led to the former stumping up close to €100,000 for a bronze replica.
Instead of going straight to London a mould was taken in Dublin, and the new statue was born.
"I've always thought it was most fascinating story," Mr Mulryan told The Irish Times.
"I come to Clifton for a week's holidays every year, and last year I saw the Alcock & Brown statue and was told it was on the way back home to London. So we had a mould taken and had it cast in bronze and brought home to Clifden, where it will sit in the square forever," said the owner of the Ballymore Group.


theirishtimes--2020-03-06--Judge criticises ‘substandard’ options for girl who suffered ‘unspeakable’ abuse

The “ completely substandard ” options for a very disturbed suicidal girl who suffered “ unspeakable ” abuse in childhood is “ a pen picture ” of the “ woeful ” state of Ireland ’ s mental health services which unfolds weekly , “ if not daily ” , before the courts , the president of the High Court has said .
The mother of the 17-year-old girl wept as Mr Justice Peter Kelly outlined the only option for her daughter is to remain in a busy A & E hospital unit until she gets a bed in an adult @ @ @ @ @ @ @ hoped , within a few days , she will get into an adolescent psychiatric unit .
He noted there is no adolescent in-patient bed free as of now in the entire State , the A & E unit is under huge pressure for reasons including coronavirus concerns .
He also noted that the adult psychiatric unit is unsuitable because it is for adults and is of mixed gender when the girl has had major issues about being in the vicinity of males , he noted .
The girl now finds herself effectively alone @ @ @ @ @ @ @ her complex condition , he said .
He could only imagine “ what a frightening prospect that is for someone as vulnerable and disturbed as she is ” .
He could also only imagine the mother ’ s distress at the recent serious setback in her daughter ’ s condition and the “ substandard conditions ” for her welfare .
“ But I can not conjure up beds that are needed , that are known to be needed but in respect of which little has been done , ” he said .
The @ @ @ @ @ @ @ the state of mental health services , particularly for adolescents , something I have had to deal with for years and something that does not appear to have been alleviated one whit ” .
He expressed additional concern that a specialised unit in the UK , which has treated wards of the Irish court for some time including this girl , may no longer be able to do so and anticipated “ a lot of problems ” if that happens .
The UK unit had indicated it was not in a position to @ @ @ @ @ @ @ that was appropriate , and may be unable to take other Irish cases in the future , he noted .
He had for a long time expressed the hope the HSE would provide facilities here to deal with our own patients “ so they do not have to be exported to depend on the kindness of strangers which is running out ” .
The girl has been a ward of court for some years and , after her condition failed to improve here , she was moved to the UK unit until she @ @ @ @ @ @ @ to have made considerable improvements .
A special placement had been designed for her here which involved considerable planning and she appeared to have settled well into it but , after a few days , she became very disturbed , tried to abscond , ran onto roads and made suicide attempts .
A doctor said it was hard to know what triggered this but the girl had said it felt “ very scary ” being out of the UK hospital unit .
The judge was told the Irish unit reached a position in @ @ @ @ @ @ @ manage the girl effectively and safely , she was admitted to hospital as an emergency and has been in a bed in a hospital A & E unit for some days .
It was agreed the A & E unit is totally inappropriate for reasons including it is very busy and staff lack the skills to manage the girl ’ s complex condition .
Staff from her own unit had been told to leave the A & E department because of pressures of space , leaving the girl without psychiatric support .
On @ @ @ @ @ @ @ the HSE , said he was effectively asking the judge to sanction the “ least worst ” option of moving the girl , hopefully later on Friday , to the adult psychiatric unit in the hope an adolescent psychiatric facility would have a bed sometime next week .
That might require discharging patients with less serious conditions , the court heard .

The “completely substandard” options for a very disturbed suicidal girl who suffered “unspeakable” abuse in childhood is “a pen picture” of the “woeful” state of Ireland’s mental health services which unfolds weekly, “if not daily”, before the courts, the president of the High Court has said.
The mother of the 17-year-old girl wept as Mr Justice Peter Kelly outlined the only option for her daughter is to remain in a busy A&E hospital unit until she gets a bed in an adult psychiatric unit. After this it is hoped, within a few days, she will get into an adolescent psychiatric unit.
He noted there is no adolescent in-patient bed free as of now in the entire State, the A&E unit is under huge pressure for reasons including coronavirus concerns. He also noted that the adult psychiatric unit is unsuitable because it is for adults and is of mixed gender when the girl has had major issues about being in the vicinity of males, he noted.
The girl now finds herself effectively alone among strangers and staff untrained to manage her complex condition, he said. He could only imagine “what a frightening prospect that is for someone as vulnerable and disturbed as she is”.
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He could also only imagine the mother’s distress at the recent serious setback in her daughter’s condition and the “substandard conditions” for her welfare. “But I cannot conjure up beds that are needed, that are known to be needed but in respect of which little has been done,” he said.
The situation “is a pen picture of the state of mental health services, particularly for adolescents, something I have had to deal with for years and something that does not appear to have been alleviated one whit”.
He expressed additional concern that a specialised unit in the UK, which has treated wards of the Irish court for some time including this girl, may no longer be able to do so and anticipated “a lot of problems” if that happens.
The UK unit had indicated it was not in a position to take the girl back, even if that was appropriate, and may be unable to take other Irish cases in the future, he noted.
He had for a long time expressed the hope the HSE would provide facilities here to deal with our own patients “so they do not have to be exported to depend on the kindness of strangers which is running out”.
The girl has been a ward of court for some years and, after her condition failed to improve here, she was moved to the UK unit until she was discharged recently because she was considered to have made considerable improvements.
A special placement had been designed for her here which involved considerable planning and she appeared to have settled well into it but, after a few days, she became very disturbed, tried to abscond, ran onto roads and made suicide attempts.
A doctor said it was hard to know what triggered this but the girl had said it felt “very scary” being out of the UK hospital unit.
The judge was told the Irish unit reached a position in recent days where staff felt unable to manage the girl effectively and safely, she was admitted to hospital as an emergency and has been in a bed in a hospital A&E unit for some days.
It was agreed the A&E unit is totally inappropriate for reasons including it is very busy and staff lack the skills to manage the girl’s complex condition. Staff from her own unit had been told to leave the A&E department because of pressures of space, leaving the girl without psychiatric support.
On Friday, David Leahy BL, for the HSE, said he was effectively asking the judge to sanction the “least worst” option of moving the girl, hopefully later on Friday, to the adult psychiatric unit in the hope an adolescent psychiatric facility would have a bed sometime next week. That might require discharging patients with less serious conditions, the court heard.


theirishtimes--2020-03-06--Extradition of male model sought over money laundering scheme

A male model who is facing international money laundering charges has been arrested and taken to the High Court on foot of an extradition warrant .
Mark Adams ( 40 ) , with an address at Castleheath , Malahide , Co Dublin , is said to have booked 500 flights into and out of the UK in the space of four years and is alleged to have been a cash courier in a money laundering scheme .
Mr Adams was stopped at Belfast Airport on May 9th , 2018 travelling with only hand luggage in which €180,000 was found in @ @ @ @ @ @ @ are now seeking his extradition on charges that he concealed the money in his hand luggage and attempted to remove it from Northern Ireland on that date knowing or suspecting it to be proceeds of crime .
He is also facing prosecution for allegedly entering into an arrangement , namely the removal of criminal property from Northern Ireland , knowing or suspecting that this arrangement would facilitate the retention , use or control of such criminal property , by persons unknown , between May 13th , 2013 and May 10th , 2018 .
@ @ @ @ @ @ @ the Garda extradition unit on Friday and taken to the High Court .
Det Garda Eoin Kane told the High Court he arrested Mr Adams on foot of a European Arrest Warrant at his Malahide address at 10.11am .
Det Garda Kane said he read a summary of the offences to Mr Adams , and when asked if he knew what the allegations were about , Mr Adams replied “ yes ” .
Det Garda Kane said gardaí were objecting to bail .
He said Mr Adams told him that he was due @ @ @ @ @ @ @ , but the detective spoke to the centre which said it was not accepting any patients at present “ due to the coronavirus ” .
Mr Justice Donald Binchy remanded Mr Adams in custody until March 12th , when an application for bail is expected to be made .
A hearing into the proposed extradition was fixed for March 25th .

A male model who is facing international money laundering charges has been arrested and taken to the High Court on foot of an extradition warrant. File photograph: Matt Kavanagh/The Irish Times.
A male model who is facing international money laundering charges has been arrested and taken to the High Court on foot of an extradition warrant.
Mark Adams (40), with an address at Castleheath, Malahide, Co Dublin, is said to have booked 500 flights into and out of the UK in the space of four years and is alleged to have been a cash courier in a money laundering scheme.
Mr Adams was stopped at Belfast Airport on May 9th, 2018 travelling with only hand luggage in which €180,000 was found in two brown envelopes.
Northern Irish authorities are now seeking his extradition on charges that he concealed the money in his hand luggage and attempted to remove it from Northern Ireland on that date knowing or suspecting it to be proceeds of crime.
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He is also facing prosecution for allegedly entering into an arrangement, namely the removal of criminal property from Northern Ireland, knowing or suspecting that this arrangement would facilitate the retention, use or control of such criminal property, by persons unknown, between May 13th, 2013 and May 10th, 2018.
Mr Adams was arrested by detectives from the Garda extradition unit on Friday and taken to the High Court. Det Garda Eoin Kane told the High Court he arrested Mr Adams on foot of a European Arrest Warrant at his Malahide address at 10.11am.
Det Garda Kane said he read a summary of the offences to Mr Adams, and when asked if he knew what the allegations were about, Mr Adams replied “yes”.
Det Garda Kane said gardaí were objecting to bail. He said Mr Adams told him that he was due to attend for addiction treatment on Saturday, but the detective spoke to the centre which said it was not accepting any patients at present “due to the coronavirus”.
Mr Justice Donald Binchy remanded Mr Adams in custody until March 12th, when an application for bail is expected to be made. A hearing into the proposed extradition was fixed for March 25th.


theirishtimes--2020-03-06--Homeless services ramp up coronavirus precautions

Homeless services were ramping up precautions against coronavirus as the HSE issued “ guidance for homeless and vulnerable groups ” to operators of “ hostels , hubs or residential settings ” .
The five-page document includes advice on cleanliness , maintaining a supply of hand-santisers outside diningrooms , and says providers should “ have a plan for dealing with persons who become ill with symptoms of Covid-19 including immediately isolating them from other people and seeking medical advice ” .
The Peter McVerry Trust , which provides 800 emergency beds for adults in Dublin and Kildare , has been preparing @ @ @ @ @ @ @ executive Pat Doyle said .
“ We are operating on three principals – that we need to remain open and provide the services , that our client group is at high risk and many are immune compromised , and that anyone with mental health or addiction issues will be challenging to isolate if they are affected.
” The organisation has stockpiled more than 1,000 “ packs ” including disposable gloves , masks and hand sanitisers , told staff to stop unnecessary visits between their services and asked anyone planning travel to an affected @ @ @ @ @ @ @ and another senior staff member have pulled out of a housing conference in Seattle in the US later this month .
“ Over 60 per cent of our beds are in single-rooms but some are two-beds in a room , ” said Mr Doyle .
“ We have identified two units with 60 beds that the trust will use as isolation beds if the need arises.
” The charity is worried about the risk of cross-contamination due to the risk of methadone users attending clinics weekly and even daily potentially spreading infection in @ @ @ @ @ @ @ methadone dispensed in emergency accommodation centres would reduce this risk , ” said Mr Doyle , who added that active drug users would be “ be particularly challenging ” .
“ They will want to go out and ‘ tap ’ [ beg ] .
We have asked the HSE to dispense high-dose methadone to them in accommodation , to try and ‘ hold ’ them.
” Cope Galway , which provides 60 emergency beds in the city , said it was “ trying to source more hand sanitiser ” to ensure it @ @ @ @ @ @ @ s assistant chief executive Martin O ’ Connor said the charity could accommodate anyone who needed to “ self-isolate ” but added that those in “ active addiction would be a challenge ” .
The Capuchin Food Centre in Dublin , which serves about 900 meals a day to some of the city ’ s poorest people , has converted a room for use in isolating people if necessary .
It said that for the past fortnight an industrial-cleaning service has been “ deep cleaning ” the centre twice a week .
Hand @ @ @ @ @ @ @ and the clinical director may direct that all service users be issued with packets of hand wipes daily , said the centre ’ s co-ordinator Alan Bailey .
A notice in the centre asks anyone who has been to an affected area or in contact with someone who has the virus , and who has symptoms , to immediately tell a member of staff .
“ You will be given a mask and hand gel and taken to a separate room to be seen by clinical staff , ” it advises .
Mr @ @ @ @ @ @ @ of how vulnerable some of our people are due to their lifestyles and poverty .
There are all sorts of illnesses , respiratory , everything .
If there ’ s anything going they ’ ll get it .
“ We hope we can stay open but in a Doomsday scenario , if we have to close we ’ ll still give out takeaway food .
“ A lot of our people have a fear of it [ coronavirus ] and you can understand why .
There are some who can ’ t self-isolate @ @ @ @ @ @ @ get food .
There are some who can ’ t afford to stock-pile food – they just haven ’ t the money .
They don ’ t have a choice .
Unfortunately that ’ s the way for a lot of our people.
” Gareth Kenny ( 37 ) was at the centre for breakfast on Friday .
“ I am very worried .
I don ’ t normally get flus , but if I get that .
If I can ’ t go out ?
Well , I get a bit of @ @ @ @ @ @ @ a bit of building two days a week .
I can ’ t afford to not go to work .
It would be a major problem if I had to self-isolate , it would.
” The most recent data show there were 10,271 people in emergency accommodation in January , of whom 3,574 were children .
There were 4,400 homeless adults without child dependents .

Alan Bailey, a volunteer and co-ordinator at the Capuchin Centre, is pictured outside the premises on Bow Street in Dublin. The centre has converted a room for use in isolating people if necessary. Photograph: Nick Bradshaw
Homeless services were ramping up precautions against coronavirus as the HSE issued “guidance for homeless and vulnerable groups” to operators of “hostels, hubs or residential settings”.
The five-page document includes advice on cleanliness, maintaining a supply of hand-santisers outside diningrooms, and says providers should “have a plan for dealing with persons who become ill with symptoms of Covid-19 including immediately isolating them from other people and seeking medical advice”.
The Peter McVerry Trust, which provides 800 emergency beds for adults in Dublin and Kildare, has been preparing for over a fortnight, its chief executive Pat Doyle said.
“We are operating on three principals – that we need to remain open and provide the services, that our client group is at high risk and many are immune compromised, and that anyone with mental health or addiction issues will be challenging to isolate if they are affected.”
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Worried
The organisation has stockpiled more than 1,000 "packs" including disposable gloves, masks and hand sanitisers, told staff to stop unnecessary visits between their services and asked anyone planning travel to an affected region to consider cancelling. Mr Doyle and another senior staff member have pulled out of a housing conference in Seattle in the US later this month.
“Over 60 per cent of our beds are in single-rooms but some are two-beds in a room,” said Mr Doyle. “We have identified two units with 60 beds that the trust will use as isolation beds if the need arises.”
The charity is worried about the risk of cross-contamination due to the risk of methadone users attending clinics weekly and even daily potentially spreading infection in hostels.
“Making arrangements to have methadone dispensed in emergency accommodation centres would reduce this risk,” said Mr Doyle, who added that active drug users would be “be particularly challenging”.
“They will want to go out and ‘tap’ [beg]. We have asked the HSE to dispense high-dose methadone to them in accommodation, to try and ‘hold’ them.”
Cope Galway, which provides 60 emergency beds in the city, said it was “trying to source more hand sanitiser” to ensure it does not run out.
Cope’s assistant chief executive Martin O’Connor said the charity could accommodate anyone who needed to “self-isolate” but added that those in “active addiction would be a challenge”.
Gareth Kenny from Queen Street in Dublin at the Capuchin Centre on Bow Street. Hand gel is being provided to everyone arriving at the centre. Photograph: Nick Bradshaw
The Capuchin Food Centre in Dublin, which serves about 900 meals a day to some of the city’s poorest people, has converted a room for use in isolating people if necessary. It said that for the past fortnight an industrial-cleaning service has been “deep cleaning” the centre twice a week.
‘Doomsday scenario’
Hand gel is being provided to everyone arriving and the clinical director may direct that all service users be issued with packets of hand wipes daily, said the centre's co-ordinator Alan Bailey.
A notice in the centre asks anyone who has been to an affected area or in contact with someone who has the virus, and who has symptoms, to immediately tell a member of staff.
“You will be given a mask and hand gel and taken to a separate room to be seen by clinical staff,” it advises.
Mr Bailey said: “We are conscious of how vulnerable some of our people are due to their lifestyles and poverty. There are all sorts of illnesses, respiratory, everything. If there’s anything going they’ll get it.
“We hope we can stay open but in a Doomsday scenario, if we have to close we’ll still give out takeaway food.
“A lot of our people have a fear of it [coronavirus] and you can understand why. There are some who can’t self-isolate, who have to come out to get food. There are some who can’t afford to stock-pile food – they just haven’t the money. They don’t have a choice. Unfortunately that’s the way for a lot of our people.”
Gareth Kenny (37) was at the centre for breakfast on Friday. "I am very worried. I don't normally get flus, but if I get that. If I can't go out? Well, I get a bit of work here and there. I do a bit of building two days a week. I can't afford to not go to work. It would be a major problem if I had to self-isolate, it would."
The most recent data show there were 10,271 people in emergency accommodation in January, of whom 3,574 were children. There were 4,400 homeless adults without child dependents.


theirishtimes--2020-03-06--Creche worker ‘devastated’ after girls made sexual assault claims

A man accused of sexually assaulting four girls while working in a creche told a colleague he was “ devastated ” after the allegations were made against him , his trial has heard .
The 29-year-old man cried in court on Friday when his former colleague gave evidence saying he looked “ very upset ” and had become “ very skinny ” in the years since she last saw him .
The female witness also became upset as she told the the Dublin Circuit Criminal Court trial that the man was generous with the children and came up with activities @ @ @ @ @ @ @ of doing .
“ We all had great fun , ” she said .
The woman worked closely with the man and was friendly with him but has not been in contact with him since he was charged , the court heard .
She said she last contacted him shortly after the allegations emerged , sending him a text saying she hoped he was okay .
The man has pleaded not guilty to 23 counts of sexually assaulting four girls at a Leinster creche on dates between February 2015 and December 2016 , @ @ @ @ @ @ @ eight years .
The offences are alleged to have taken place at various locations in the creche and on the creche bus .
The witness told Seán Guerin SC , defending , that she worked in the room next door to the man ’ s after school room , that the door was open all day and that she and the man tended to sit close to each other ’ s doors .
She said she “ never ” had any suspicions about the man .
She said the four complainants “ wouldn @ @ @ @ @ @ @ ” , particularly the two younger complainants , as they would have spent very little time under his care .
The woman told the court that from her room , she was able to see the book corner in the man ’ s room .
Some of the offences are alleged to have taken place in the book corner .
Under further questioning from Orla Crowe SC , prosecuting , the woman agreed that she could not see all of the book corner .
She said she did not think the creche was @ @ @ @ @ @ @ work as it could be quite “ sexist ” .
She said he would be asked to do things like fix broken lights even though he had no electrical experience .
She said he did not feel comfortable changing the nappies of the younger children who were occasionally under his care , and the court heard there was an “ unspoken arrangement ” that he did not do nappy changes .
Four of the man ’ s other former colleagues also evidence with most of them recalling being shocked and surprised upon learning @ @ @ @ @ @ @ the creche said she always found the accused to be a “ gentleman ” and that the children and parents were all “ very fond of him ” .
Another supervisor told the defence that she once overheard the man telling the creche manager he was not comfortable doing the crehe bus runs on his own .
One woman said the man was “ brilliant ” with the kids , while another former colleague said the after-school group had a “ good relationship ” with him .

A man accused of sexually assaulting four girls while working in a creche told a colleague he was ‘devastated’ after the allegations were made against him, his trial has heard. Photograph: Matt Kavanagh/The Irish Times.
A man accused of sexually assaulting four girls while working in a creche told a colleague he was “devastated” after the allegations were made against him, his trial has heard.
The 29-year-old man cried in court on Friday when his former colleague gave evidence saying he looked “very upset” and had become “very skinny” in the years since she last saw him.
The female witness also became upset as she told the the Dublin Circuit Criminal Court trial that the man was generous with the children and came up with activities that other staff members did not think of doing.
“We all had great fun,” she said.
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The woman worked closely with the man and was friendly with him but has not been in contact with him since he was charged, the court heard.
She said she last contacted him shortly after the allegations emerged, sending him a text saying she hoped he was okay.
His reply stated: “I’m devastated”.
The man has pleaded not guilty to 23 counts of sexually assaulting four girls at a Leinster creche on dates between February 2015 and December 2016, when they were aged between five and eight years. The offences are alleged to have taken place at various locations in the creche and on the creche bus.
The witness told Seán Guerin SC, defending, that she worked in the room next door to the man’s after school room, that the door was open all day and that she and the man tended to sit close to each other’s doors.
Interaction
She said she “never” had any suspicions about the man. She said the four complainants “wouldn’t have much interaction with him”, particularly the two younger complainants, as they would have spent very little time under his care.
The woman told the court that from her room, she was able to see the book corner in the man’s room. Some of the offences are alleged to have taken place in the book corner.
Under further questioning from Orla Crowe SC, prosecuting, the woman agreed that she could not see all of the book corner.
She said she did not think the creche was an easy place for the man to work as it could be quite “sexist”. She said he would be asked to do things like fix broken lights even though he had no electrical experience.
She said he did not feel comfortable changing the nappies of the younger children who were occasionally under his care, and the court heard there was an “unspoken arrangement” that he did not do nappy changes.
Four of the man’s other former colleagues also evidence with most of them recalling being shocked and surprised upon learning of the allegations.
One supervisor in the creche said she always found the accused to be a “gentleman” and that the children and parents were all “very fond of him”.
Another supervisor told the defence that she once overheard the man telling the creche manager he was not comfortable doing the crehe bus runs on his own.
One woman said the man was “brilliant” with the kids, while another former colleague said the after-school group had a “good relationship” with him.
The trial continues on Monday.


theirishtimes--2020-03-06--Man given suspended sentences for assault and sexual assault

A man has received suspended sentences for sexually assaulting a woman and later violently assaulting her and a friend .
Stephen Kane ( 29 ) punched the women in the corridor of a Dublin apartment block after a late night party in August 2014 .
Det Garda Aisha Fitzsimons told the Central Criminal Court that the women , aged in their early 20s , were invited to the party by a man they knew and that lot of alcohol was consumed by everyone .
At around 5am the two women and four men were left in the flat .
One @ @ @ @ @ @ @ saw Kane and Daryl Ralph sitting on either side of one woman .
He said Kane and Raplh kept trying to kiss her and put their penises into her mouth and that the woman kept trying to turn away .
The court heard Kane then stripped off and got on top of the woman before he and Raplh pulled up her dress and Kane was seen “ humping ” the woman .
One of the other men escorted the women out of the flat soon after and “ a dispute arose ” with @ @ @ @ @ @ @ woman he sexually assaulted and then punched her friend twice before biting her .
Gardaí were called and Kane was arrested .
He was released pending charge and then left Ireland for New Zealand .
His lawyers told the court he then went to Australia and established a new life there , stopped drinking and got a job working on a large poultry farm .
Four days before he was due to wed an Australian woman police arrested him to be extradited back to Ireland .
Kane , with a former address at @ @ @ @ @ @ @ , pleaded guilty to sexual assault and two counts of assault causing harm on a date in August 2014 .
Ralph , of Ballyfermot Crescent , Dublin , previously received a suspended two year sentence after pleading guilty to attempted sexual assault .
In her victim impact statement , the woman who was sexually assaulted said she suffered flashbacks and experienced feelings of fear and shame over what had happened .
The other woman said the attacks turned a fun night into “ a nightmare that changed my life ” and that she @ @ @ @ @ @ @ .
Mr Justice Paul McDermott said the attacks were “ a shocking and unexpected explosion of violence ” .
He said the sexual assault was demeaning and humiliating for the victim and that intoxication could not be an excuse .
He said he accepted as sincere Kane ’ s expressions of remorse and of abject shame for how he behaved .
He described a payment of €10,000 to the court as a significant indication of Kane ’ s remorse .
Kane ’ s lawyers told the court that he had grown up in @ @ @ @ @ @ @ protect his mother from his father .
John Fitzgerald SC said Kane began abusing alcohol and drugs as an adult and his behaviour rapidly deteriorated after he found his father following a suicide .
Mr Fitzgerald said that his client is a very different person now to the one who carried out the attacks six years ago .
Mr Justice McDermott imposed concurrent sentences of two years and 2½ years for the assaults and sexual assault .
He backdated these to November 2018 when Kane went into custody .
He suspended the remainder @ @ @ @ @ @ @ condition that Kane submit himself to counselling and address the causes of his offending .
He said the manner in which Kane has lived since the offending was a mitigating factor and the court heard his fiancee ’ s family are standing by him and had provided positive character references .

Stephen Kane pleaded guilty at the Central Criminal Court to sexual assault and two counts of assault causing harm on a date in August 2014. Photograph: Matt Kavanagh/The Irish Times.
A man has received suspended sentences for sexually assaulting a woman and later violently assaulting her and a friend.
Stephen Kane (29) punched the women in the corridor of a Dublin apartment block after a late night party in August 2014.
Det Garda Aisha Fitzsimons told the Central Criminal Court that the women, aged in their early 20s, were invited to the party by a man they knew and that lot of alcohol was consumed by everyone.
At around 5am the two women and four men were left in the flat. One of these men later told gardaí he saw Kane and Daryl Ralph sitting on either side of one woman. He said Kane and Raplh kept trying to kiss her and put their penises into her mouth and that the woman kept trying to turn away.
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The court heard Kane then stripped off and got on top of the woman before he and Raplh pulled up her dress and Kane was seen “humping” the woman.
One of the other men escorted the women out of the flat soon after and “a dispute arose” with Kane becoming aggressive. He punched the woman he sexually assaulted and then punched her friend twice before biting her.
Gardaí were called and Kane was arrested. He was released pending charge and then left Ireland for New Zealand. His lawyers told the court he then went to Australia and established a new life there, stopped drinking and got a job working on a large poultry farm. Four days before he was due to wed an Australian woman police arrested him to be extradited back to Ireland.
Kane, with a former address at Park West Point, Clondalkin, Dublin, pleaded guilty to sexual assault and two counts of assault causing harm on a date in August 2014. Ralph, of Ballyfermot Crescent, Dublin, previously received a suspended two year sentence after pleading guilty to attempted sexual assault.
Shame
In her victim impact statement, the woman who was sexually assaulted said she suffered flashbacks and experienced feelings of fear and shame over what had happened.
The other woman said the attacks turned a fun night into “a nightmare that changed my life” and that she became vulnerable and paranoid as a result.
Mr Justice Paul McDermott said the attacks were “a shocking and unexpected explosion of violence”. He said the sexual assault was demeaning and humiliating for the victim and that intoxication could not be an excuse.
He said he accepted as sincere Kane’s expressions of remorse and of abject shame for how he behaved. He described a payment of €10,000 to the court as a significant indication of Kane’s remorse.
Kane’s lawyers told the court that he had grown up in a violent home where he had to protect his mother from his father. John Fitzgerald SC said Kane began abusing alcohol and drugs as an adult and his behaviour rapidly deteriorated after he found his father following a suicide.
Mr Fitzgerald said that his client is a very different person now to the one who carried out the attacks six years ago.
Mr Justice McDermott imposed concurrent sentences of two years and 2½ years for the assaults and sexual assault. He backdated these to November 2018 when Kane went into custody.
He suspended the remainder of the sentence for two years on condition that Kane submit himself to counselling and address the causes of his offending.
He said the manner in which Kane has lived since the offending was a mitigating factor and the court heard his fiancee’s family are standing by him and had provided positive character references.


theirishtimes--2020-03-06--Tourist gets four and a half years for raping woman in Dublin

A tourist has been jailed for four and a half years for the rape of a woman during a visit to Ireland .
Hoi Ping Yung ( 47 ) was convicted last December at the Central Criminal Court of raping the woman in a Dublin hotel room on Harcourt Street , Dublin city centre on November 21st , 2013 .
Yung , who owns a family takeaway business in the UK , had flown to Dublin with a male friend who knew the complainant .
The three had travelled into Dublin city in the morning and spent the day drinking @ @ @ @ @ @ @ missing the last bus home , they agreed to get a twin room in a hotel .
The victim went to sleep in a single bed while the two men took the double bed .
The woman told the trial she awoke twice to find Yung lying next to her and rubbing her arm and leg .
She elbowed him away each time and fell back asleep .
She awoke a third time to find her body had been pulled down in the bed and Yung was raping her .
She said “ @ @ @ @ @ @ @ and got off her and got back into the other bed .
The woman dressed quickly , left the hotel room and reported the rape .
Gardaí quickly arrived at the scene and arrested Yung but he was deemed too drunk to be fit for interview .
He was arrested some time later and told gardaí he had no memory of the rape .
He said he wasn ’ t denying sex had taken place but maintained that if it did happen it was consensual .
He has no previous convictions , Sean @ @ @ @ @ @ @ court .
Yung , formerly of Barrow-in-Furness , Cumbria , England had pleaded not guilty to rape .
Ms Justice Tara Burns noted the references and testimonials handed into court on Yung ’ s behalf .
She said that while he may be a man of good character , the fact of the matter was he had committed a crime of the most violating nature against the woman .
She noted the defence had presented alcohol as an explanation but not an excuse .
The judge said Yung had violated the body of @ @ @ @ @ @ @ had lasting and devastating consequences for her .
She noted the ongoing effects on the woman ’ s personal , family and work circumstances .
Ms Justice Burns took into account the fact Yung had no previous convictions , was a hard-working individual with a good work ethic and supportive family .
She noted many people spoke well of him .
She noted he did not have family or friends in this jurisdiction but has had some family visits .
She said there had been a delay in the prosecution but noted the @ @ @ @ @ @ @ delay .
Ms Justice Burns set a headline sentence of seven and a half years but having regard to the mitigating factors she reduced this to four and a half years .
The judge wished the woman the best of luck in the future and told her she had been very brave to provided such a detailed victim impact statement .
In her victim impact statement , the woman said that certain words and phrases used during the trial had caused her to feel shame and guilt , “ like I played a @ @ @ @ @ @ @ character was twisted was disgusting and still upsets me .
There was victim shaming being done , ” she stated .
The mother of two said that as a result of the trial process , she now questioned herself about wearing red lipstick , and wondered “ is my underwear too sexual ?
” .
She said the trial forced her to relive her nightmare of being raped and “ it was soul destroying ” .

A tourist has been jailed for four and a half years for the rape of a woman during a visit to Ireland.
Hoi Ping Yung (47) was convicted last December at the Central Criminal Court of raping the woman in a Dublin hotel room on Harcourt Street, Dublin city centre on November 21st, 2013.
Yung, who owns a family takeaway business in the UK, had flown to Dublin with a male friend who knew the complainant. The three had travelled into Dublin city in the morning and spent the day drinking and visiting around five pubs.
After missing the last bus home, they agreed to get a twin room in a hotel. The victim went to sleep in a single bed while the two men took the double bed.
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The woman told the trial she awoke twice to find Yung lying next to her and rubbing her arm and leg. She elbowed him away each time and fell back asleep.
She awoke a third time to find her body had been pulled down in the bed and Yung was raping her.
She said “what the f***” and he stopped and got off her and got back into the other bed. The woman dressed quickly, left the hotel room and reported the rape.
Gardaí quickly arrived at the scene and arrested Yung but he was deemed too drunk to be fit for interview. He was arrested some time later and told gardaí he had no memory of the rape.
He said he wasn’t denying sex had taken place but maintained that if it did happen it was consensual. He has no previous convictions, Sean Guerin SC, prosecuting, told the court.
Yung, formerly of Barrow-in-Furness, Cumbria, England had pleaded not guilty to rape.
Ms Justice Tara Burns noted the references and testimonials handed into court on Yung’s behalf.
She said that while he may be a man of good character, the fact of the matter was he had committed a crime of the most violating nature against the woman. She noted the defence had presented alcohol as an explanation but not an excuse.
The judge said Yung had violated the body of the woman without her consent which had had lasting and devastating consequences for her. She noted the ongoing effects on the woman’s personal, family and work circumstances.
Ms Justice Burns took into account the fact Yung had no previous convictions, was a hard-working individual with a good work ethic and supportive family. She noted many people spoke well of him.
She noted he did not have family or friends in this jurisdiction but has had some family visits. She said there had been a delay in the prosecution but noted the victim also had to deal with the delay.
Ms Justice Burns set a headline sentence of seven and a half years but having regard to the mitigating factors she reduced this to four and a half years.
The judge wished the woman the best of luck in the future and told her she had been very brave to provided such a detailed victim impact statement.
In her victim impact statement, the woman said that certain words and phrases used during the trial had caused her to feel shame and guilt, “like I played a role”.
“The way my character was twisted was disgusting and still upsets me. There was victim shaming being done,” she stated.
The mother of two said that as a result of the trial process, she now questioned herself about wearing red lipstick, and wondered “is my underwear too sexual?”.
She said the trial forced her to relive her nightmare of being raped and “it was soul destroying”.


theirishtimes--2020-03-06--Fianna Fáil grassroots group organises to oppose Fine Gael coalition

A new grassroots group in Fianna Fáil has organised to oppose moves to form a coalition between the party and Fine Gael .
The group – calling itself Grassroots Voices or Cosmhuinter – has begun circulating letters to others in the party , including TDs , outlining its “ serious concerns for the party that we all support , love and work for ” .
It is asking TDs to raise its concerns at parliamentary party meetings .
A letter was sent to TDs on Thursday afternoon , hours after Fianna Fáil leader Micheál Martin told RTÉ ’ s Sean @ @ @ @ @ @ @ with Fine Gael and left open the prospect of rotating the position of taoiseach .
Mr Martin faced a stormy meeting of the Fianna Fáil parliamentary party on Thursday , with calls for him to open government discussions with Sinn Féin rather than just talking to Fine Gael and others .
Mr Martin , however , will not change his position , senior party figures said .
Any programme for government that is negotiated must be put to a special ard fheis of Fianna Fáil members to be ratified .
The Fianna Fáil @ @ @ @ @ @ @ from “ intense and honourable ” online discussion in the aftermath of the General Election .
“ The likelihood of a coalition with Fine Gael became a focus of quite intense debate and has incensed many members of the party who have been loyal and committed Fianna Fáil activists , ” it said .
“ As a party , we have been severely damaged by several years of sacrificing our party ’ s ideals in the interests of ‘ confidence and supply ’ and the honourable attempt to act ‘ in the best @ @ @ @ @ @ @ .
“ For this , we have seen little or no gratitude from Fine Gael who have , even during those four years , frequently mocked and vilified us .
“ We , as a group , are vehemently opposed to any alignment with Fine Gael .
We have suffered enough and we can not stand idly by without voicing our deepest opposition to any alliance with those who could never wish to share our Fianna Fáil values.
” It added that it is “ foolhardy ” to think voters may “ turn @ @ @ @ @ @ @ term in office with Fine Gael .
Such a government , it said , “ would ultimately hasten the unthinkable and sad demise of our once great , Republican party ” .
“ We appeal to members of the parliamentary party not to enter a coalition with Fine Gael and , instead , pursue a huge drive to revitalise the party .
It is time to say ‘ Stop ’ and arrest our dwindling fortunes and , as a matter of urgency , seek a unique identity for Fianna Fáil on the Irish @ @ @ @ @ @ @ forged in 1926 and has been allowed to slip almost into oblivion in the recent history of the party .
“ If Ireland loses Fianna Fáil , it will lose a very precious entity , despite its faults and failings .
The richness of its foundation and its profound identity far outweighs its failings .
Yet , making the journey to undo those failings is hugely important , not just for FF itself but for Ireland .
”

Micheál Martin faced a stormy meeting of the Fianna Fáil parliamentary party on Thursday, with calls for him to open government discussions with Sinn Féin rather than just talking to Fine Gael and others. Photograph: Alan Betson/The Irish Times
A new grassroots group in Fianna Fáil has organised to oppose moves to form a coalition between the party and Fine Gael.
The group – calling itself Grassroots Voices or Cosmhuinter – has begun circulating letters to others in the party, including TDs, outlining its “serious concerns for the party that we all support, love and work for”.
It is asking TDs to raise its concerns at parliamentary party meetings. A letter was sent to TDs on Thursday afternoon, hours after Fianna Fáil leader Micheál Martin told RTÉ’s Sean O’Rourke he would enter coalition with Fine Gael and left open the prospect of rotating the position of taoiseach.
Mr Martin faced a stormy meeting of the Fianna Fáil parliamentary party on Thursday, with calls for him to open government discussions with Sinn Féin rather than just talking to Fine Gael and others. Mr Martin, however, will not change his position, senior party figures said.
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Any programme for government that is negotiated must be put to a special ard fheis of Fianna Fáil members to be ratified.
Online formation
The Fianna Fáil grassroots letter said the group was formed from “intense and honourable” online discussion in the aftermath of the General Election.
“The likelihood of a coalition with Fine Gael became a focus of quite intense debate and has incensed many members of the party who have been loyal and committed Fianna Fáil activists,” it said.
“As a party, we have been severely damaged by several years of sacrificing our party’s ideals in the interests of ‘confidence and supply’ and the honourable attempt to act ‘in the best interests of the people of Ireland’.
“For this, we have seen little or no gratitude from Fine Gael who have, even during those four years, frequently mocked and vilified us.
“We, as a group, are vehemently opposed to any alignment with Fine Gael. We have suffered enough and we cannot stand idly by without voicing our deepest opposition to any alliance with those who could never wish to share our Fianna Fáil values.”
It added that it is “foolhardy” to think voters may “turn back” to Fianna Fáil after a term in office with Fine Gael. Such a government, it said, “ would ultimately hasten the unthinkable and sad demise of our once great, Republican party”.
‘Precious entity’
“We appeal to members of the parliamentary party not to enter a coalition with Fine Gael and, instead, pursue a huge drive to revitalise the party. It is time to say ‘Stop’ and arrest our dwindling fortunes and, as a matter of urgency, seek a unique identity for Fianna Fáil on the Irish political landscape – an identity that was forged in 1926 and has been allowed to slip almost into oblivion in the recent history of the party.
"If Ireland loses Fianna Fáil, it will lose a very precious entity, despite its faults and failings. The richness of its foundation and its profound identity far outweighs its failings. Yet, making the journey to undo those failings is hugely important, not just for FF itself but for Ireland."


theirishtimes--2020-03-06--Farmer spared jail for dumping dead animals off 300ft-high cliff

A farmer who dumped a dozen horse and cattle carcasses off a 300ft-high Co Clare cliff and left other animals under his control to die in pain has received a suspended jail sentence .
Judge Gerald Keys stated at Ennis Circuit Court on Friday that he could see no benefit in jailing Martin Gerald Foley ( 66 ) , of Lislanihan , Kilkee .
The judge said Foley would no longer pose a threat to animals as he had now received a life-time prohibition from having animals in his care .
Foley pleaded guilty to disposing of waste in a @ @ @ @ @ @ @ Baltard , Doonbeg in April 2014 .
This related to the dumping of the carcasses of eight horses and four cattle over the cliffs .
The court heard Clare County Council had to construct a pyre to cremate the remains of the animals , which required two tonnes of coal and 90 bags of timber and took two days to burn out .
Foley has paid the council the €7,372 it cost to dispose of the animals and clean-up the site afterwards .
He had initially denied that the animals dumped off the @ @ @ @ @ @ @ to carry out an investigation to identify the remains using DNA matching .
Judge Keys said he was imposing a separate 18-month suspended sentence for 20 sample animal neglect charges out of 193 brought against Foley “ to reflect the seriousness of the offences ” .
These charges relate to cattle and horses found at a number of locations in west Co Clare on dates between March 2014 and April 2016 and Foley had also pleaded guilty .
Dr Lorna Meaney , Department of Agriculture veterinary inspector for the Clare-Limerick area , previously @ @ @ @ @ @ @ scale and severity ” of the animal neglect in the case was “ unprecedented ” .
The court heard horses that were unable to stand up were left to die in excruciating pain on lands under the control of Foley four years ago .
The judge also directed that 45 horses that remained on Foley ’ s lands on Thursday be forfeited .
He was given seven days to sell the animals which will be taken by a Department of Agriculture contractor if they are not .
Judge Keys last June ordered the @ @ @ @ @ @ @ Foley ’ s lands and the defendant gave an undertaking to reduce the number to zero by the end of October .
Dr Aileen Tighe , an inspector with the department , said the process had been extremely slow and that when she visited one location where Foley keeps horses she found them “ in a slatted shed and getting very poor quality feed ” “ There are some very thin animals in it .
The sheds are filthy to say the least .
There has been no fresh water and the horses @ @ @ @ @ @ @ to try to drink water out of pools of water , ” she said .
Judge Keys said the poor feed provided and bad conditions the animals were living in were aggravating factors in the case .
Pat Whyms BL , counsel for Foley , said the bad winter weather made it more difficult for his client to sell on the horses but that he “ has been doing his best and has got rid of a lot of animals ” .
He said Foley had plans to sell 27 of the remaining @ @ @ @ @ @ @ that Foley would reduce further the number of horses .
“ We were told yesterday that there would be 20 horses removed by this morning .
That was more pie in the sky , ” he said .

Judge Gerald Keys stated at Ennis Circuit Court on Friday that he could see no benefit in jailing Martin Gerald Foley (pictured), of Lislanihan, Kilkee.
A farmer who dumped a dozen horse and cattle carcasses off a 300ft-high Co Clare cliff and left other animals under his control to die in pain has received a suspended jail sentence.
Judge Gerald Keys stated at Ennis Circuit Court on Friday that he could see no benefit in jailing Martin Gerald Foley (66), of Lislanihan, Kilkee. The judge said Foley would no longer pose a threat to animals as he had now received a life-time prohibition from having animals in his care.
Foley pleaded guilty to disposing of waste in a manner likely to cause environmental pollution at Baltard, Doonbeg in April 2014. This related to the dumping of the carcasses of eight horses and four cattle over the cliffs.
The court heard Clare County Council had to construct a pyre to cremate the remains of the animals, which required two tonnes of coal and 90 bags of timber and took two days to burn out.
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Foley has paid the council the €7,372 it cost to dispose of the animals and clean-up the site afterwards.
He had initially denied that the animals dumped off the cliff were his and State authorities had to carry out an investigation to identify the remains using DNA matching.
Judge Keys said he was imposing a separate 18-month suspended sentence for 20 sample animal neglect charges out of 193 brought against Foley “to reflect the seriousness of the offences”. These charges relate to cattle and horses found at a number of locations in west Co Clare on dates between March 2014 and April 2016 and Foley had also pleaded guilty.
Dr Lorna Meaney, Department of Agriculture veterinary inspector for the Clare-Limerick area, previously told the court that the “overall scale and severity” of the animal neglect in the case was “ unprecedented”.
Excruciating pain
The court heard horses that were unable to stand up were left to die in excruciating pain on lands under the control of Foley four years ago.
The judge also directed that 45 horses that remained on Foley’s lands on Thursday be forfeited. He was given seven days to sell the animals which will be taken by a Department of Agriculture contractor if they are not.
Judge Keys last June ordered the removal of 115 horses that were on Foley’s lands and the defendant gave an undertaking to reduce the number to zero by the end of October.
Dr Aileen Tighe, an inspector with the department, said the process had been extremely slow and that when she visited one location where Foley keeps horses she found them “in a slatted shed and getting very poor quality feed”
“There are some very thin animals in it. The sheds are filthy to say the least. There has been no fresh water and the horses have had to go to a field to try to drink water out of pools of water,” she said.
Judge Keys said the poor feed provided and bad conditions the animals were living in were aggravating factors in the case.
Pat Whyms BL, counsel for Foley, said the bad winter weather made it more difficult for his client to sell on the horses but that he “has been doing his best and has got rid of a lot of animals”. He said Foley had plans to sell 27 of the remaining horses.
Lorcan Connolly BL expressed doubt that Foley would reduce further the number of horses.
“We were told yesterday that there would be 20 horses removed by this morning. That was more pie in the sky,” he said.


theirishtimes--2020-03-06--Court protection sought for man with dementia seen eating dog faeces

The HSE has sought court protection for a man with advanced dementia after he was seen wandering the roads in a dishevelled state eating dog faeces and who once went missing from his home overnight .
High Court president Mr Justice Peter Kelly granted orders on Friday for the man ’ s removal from his home to a community nursing unit with a view to his onward move to a nursing home .
This was a “ distressing ” case and the evidence was the man ’ s wife seems to have no insight into the severity of his condition @ @ @ @ @ @ @ and mental health services , the judge said .
He was told the man ’ s siblings , who live nearby , supported the HSE ’ s ex-parte application for a range of orders sought in the context of proceedings seeking to have the man , aged in his late fifties , made a ward of court .
The man ’ s wife did not support the proposed move to a nursing home , the court heard .
The man was diagnosed with dementia in 2018 and his siblings , neighbours and GP @ @ @ @ @ @ @ safety and well being , the court heard .
He was said to have gone missing from his home on one occasion from about 6pm to 5.30am when he was found about 10km away .
His wife had not reported he was missing , it was stated .
On other occasions , he was seen wandering the roads sometimes 10-15 km from his home , had almost been hit by a bus once and was seen eating soil and dog faeces .
His personal hygiene and living conditions were described as poor and @ @ @ @ @ @ @ capacity and requires 24 hour care and supervision .
His GP had raised the situation with the man ’ s wife several times but she appeared “ distant ” and to be concerned her husband would become angry if he was not let do as he wished , Mr Justice Kelly said .
He noted the GP and psychiatrist both took the view the man lacks capacity .
The GP had said he had first shown signs of dementia in 2018 and it had quickly progressed .
The evidence was the man ’ @ @ @ @ @ @ @ home is cold and damp and it did not appear to be a place where meals were prepared , the judge said .
The man ’ s wife appeared to have disengaged from any form of services offering help and there was no evidence she herself lacks capacity or has some form of psychiatric condition , he said .
He made orders permitting the man be removed from his home , with Garda assistance if necessary , to a community nursing unit with a view to a later move to a nursing home @ @ @ @ @ @ @ medical visitor to assess the man ’ s capacity in the context of a wardship inquiry .
A guardian ad litem was also appointed to represent the man ’ s interests .
Earlier , counsel for the HSE said it was alerted to safeguarding concerns about the man in late 2019 , including about neglect and poor supervision and care .
A principle issue was that the man ’ s wife had disengaged from dealing with services .
His siblings are very concerned but are not themselves in a position to provide such @ @ @ @ @ @ @

This was a “distressing” case and the evidence was the man’s wife seems to have no insight into the severity of his condition and has effectively disengaged from the HSE and mental health services, the judge said.
The HSE has sought court protection for a man with advanced dementia after he was seen wandering the roads in a dishevelled state eating dog faeces and who once went missing from his home overnight.
High Court president Mr Justice Peter Kelly granted orders on Friday for the man’s removal from his home to a community nursing unit with a view to his onward move to a nursing home.
This was a “distressing” case and the evidence was the man’s wife seems to have no insight into the severity of his condition and has effectively disengaged from the HSE and mental health services, the judge said.
He was told the man’s siblings, who live nearby, supported the HSE’s ex-parte application for a range of orders sought in the context of proceedings seeking to have the man, aged in his late fifties, made a ward of court.
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The man’s wife did not support the proposed move to a nursing home, the court heard.
The man was diagnosed with dementia in 2018 and his siblings, neighbours and GP has raised concerns last year for his safety and well being, the court heard.
He was said to have gone missing from his home on one occasion from about 6pm to 5.30am when he was found about 10km away. His wife had not reported he was missing, it was stated.
On other occasions, he was seen wandering the roads sometimes 10-15 km from his home, had almost been hit by a bus once and was seen eating soil and dog faeces.
His personal hygiene and living conditions were described as poor and his GP and psychiatrist considered he lacks capacity and requires 24 hour care and supervision.
His GP had raised the situation with the man’s wife several times but she appeared “distant” and to be concerned her husband would become angry if he was not let do as he wished, Mr Justice Kelly said.
He noted the GP and psychiatrist both took the view the man lacks capacity. The GP had said he had first shown signs of dementia in 2018 and it had quickly progressed.
The evidence was the man’s living conditions are poor and his home is cold and damp and it did not appear to be a place where meals were prepared, the judge said.
The man’s wife appeared to have disengaged from any form of services offering help and there was no evidence she herself lacks capacity or has some form of psychiatric condition, he said.
He made orders permitting the man be removed from his home, with Garda assistance if necessary, to a community nursing unit with a view to a later move to a nursing home.
The judge also directed a court medical visitor to assess the man’s capacity in the context of a wardship inquiry. A guardian ad litem was also appointed to represent the man’s interests.
Earlier, counsel for the HSE said it was alerted to safeguarding concerns about the man in late 2019, including about neglect and poor supervision and care. A principle issue was that the man’s wife had disengaged from dealing with services.
His siblings are very concerned but are not themselves in a position to provide such full time care, counsel added.


theirishtimes--2020-03-06--Teacher should not have been put on less advantageous pension, court rules

A post-primary school teacher should not have been put into a less advantageous pension scheme that was introduced by the Department of Education eight years ago under financial emergency measures , the High Court has ruled .
Enda O ’ Rourke has worked since 2007 as a technical subjects teacher in the fee-paying Wesley College in Ballinteer , Dublin .
He was paid directly by the college between 2007 and 2016 and was employed as a substitute teacher , providing special needs education , teaching supervision , general supervision and performing substitution duties .
In 2016 , he was designated @ @ @ @ @ @ @ of one year ’ s duration .
When teachers ’ pay was reduced under the 2013 Financial Measures in the Public Interest Act , industrial unrest followed and led to the Haddington Road agreement .
Unless teachers were eligible to opt out , of the deal , they had to participate and Mr O ’ Rouke was not eligible .
He continued to provide supervision/substitution for 57 weeks between October 2013 and November 2014 .
He was already enrolled in the 2009 Secondary , Community and Comprehensive School Teachers Pension Scheme .
However @ @ @ @ @ @ @ — the Public Service Pensions ( Single Scheme and Other Provisions ) Act 2012 — which closed that pension scheme .
All new entrants were put into what was called the “ Single Pension Scheme ” which was less advantageous than the 2009 scheme .
After he was officially designated a regular part-time teacher in 2016 , his payslip had him on the 2012 pension scheme .
Mr O ’ Rourke protested and was told that because he had a break in his employment for more than 26 weeks , he had to @ @ @ @ @ @ @ legislation , into the new 2012 single pensions scheme on his return to employment .
The break referred to was a period of 57 weeks in 2013/14 when he continued to provide supervision/substitution but for which he was not paid .
He brought judicial review proceedings arguing he never resigned , retired or ceased to serve as a teacher in Wesley College .
He maintained he was wrongfully removed from the old pension scheme .
The department argued , among other things , that the 57 week period of not being paid amounted @ @ @ @ @ @ @ public body ” .
In his judgment , Mr Justice Charles Meenan said Wesley College qualified as a public body as it was “ wholly or partly funded ” by the State .
Mr O ’ Rourke ’ s property rights are protected by the Constitution .
The judge said the Supreme Court has found where there are implications in legislation for those rights , they must be expressed with reasonable clarity .
To accept the department ’ s argument that Mr O ’ Rouke ceased “ to serve ” meant offending that @ @ @ @ @ @ @ serve as a pensionable public servant .
The court was being asked to read words into the 2012 single pension scheme legislation “ which were not there ” .
In the judge ’ s view this was not permissible as the court would “ in effect be rewriting ” part of the legislation .
He found Mr O ’ Rouke did not cease to serve in a public body , there was no break in his service and he was wrongfully removed from the more advantageous 2009 scheme .

A post-primary school teacher should not have been put into a less advantageous pension scheme that was introduced by the Department of Education eight years ago under financial emergency measures, the High Court has ruled. Photograph: Bryan O’Brien/The Irish Times.
A post-primary school teacher should not have been put into a less advantageous pension scheme that was introduced by the Department of Education eight years ago under financial emergency measures, the High Court has ruled.
Enda O’Rourke has worked since 2007 as a technical subjects teacher in the fee-paying Wesley College in Ballinteer, Dublin.
He was paid directly by the college between 2007 and 2016 and was employed as a substitute teacher, providing special needs education, teaching supervision, general supervision and performing substitution duties.
In 2016, he was designated a part-time teacher - an incremental post of one year’s duration.
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When teachers’ pay was reduced under the 2013 Financial Measures in the Public Interest Act, industrial unrest followed and led to the Haddington Road agreement.
Unless teachers were eligible to opt out, of the deal, they had to participate and Mr O’Rouke was not eligible. He continued to provide supervision/substitution for 57 weeks between October 2013 and November 2014.
He was already enrolled in the 2009 Secondary, Community and Comprehensive School Teachers Pension Scheme. However, a law was passed in 2012 — the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 — which closed that pension scheme.
All new entrants were put into what was called the “Single Pension Scheme” which was less advantageous than the 2009 scheme. After he was officially designated a regular part-time teacher in 2016, his payslip had him on the 2012 pension scheme.
Employment break
Mr O’Rourke protested and was told that because he had a break in his employment for more than 26 weeks, he had to be entered, as part of the legislation, into the new 2012 single pensions scheme on his return to employment.
The break referred to was a period of 57 weeks in 2013/14 when he continued to provide supervision/substitution but for which he was not paid.
He brought judicial review proceedings arguing he never resigned, retired or ceased to serve as a teacher in Wesley College. He maintained he was wrongfully removed from the old pension scheme.
The department argued, among other things, that the 57 week period of not being paid amounted to “ceasing to serve in a public body”.
In his judgment, Mr Justice Charles Meenan said Wesley College qualified as a public body as it was “wholly or partly funded” by the State.
Mr O’Rourke’s property rights are protected by the Constitution. The judge said the Supreme Court has found where there are implications in legislation for those rights, they must be expressed with reasonable clarity.
To accept the department’s argument that Mr O’Rouke ceased “to serve” meant offending that principle by saying he had ceased to serve as a pensionable public servant. The court was being asked to read words into the 2012 single pension scheme legislation “which were not there”.
In the judge’s view this was not permissible as the court would “in effect be rewriting” part of the legislation. He found Mr O’Rouke did not cease to serve in a public body, there was no break in his service and he was wrongfully removed from the more advantageous 2009 scheme.


theirishtimes--2020-03-06--Coronavirus: Six hospitals in mid-west impose visitor ban

The UL Hospitals Group has announced a visiting ban at six hospitals in counties Limerick , Clare and Tipperary as a precaution to minimise the spread of Coronavirus ( COVID-19 ) .
The visitor ban covers University Hospital Limerick , University Maternity Hospital Limerick , St John ’ s Hospital , Croom Orthopaedic Hospital in Co Limerick ; Nenagh Hospital in Co Tipperary and Ennis Hospital in Co Clare .
The ban , described as part of “ extraordinary measures ” was decided by the group “ in the interests of patient safety.
” The announcement came as four patients @ @ @ @ @ @ @ , were being treated for the virus at University Hospital Limerick .
The four patients tested positive for the virus on Wednesday and are being treated in separate isolation rooms .
Two additional confirmed cases ; two females , have been confirmed in the region , after having close contact with one one the four cases .
A spokesman for the UL Hospitals Group said it regrets any distress or inconvenience the extraordinary measures will cause to patients and their loved ones .
“ These measures are being taken in order to minimise @ @ @ @ @ @ @ sites .
These measures are in place until further notice and are being reviewed on a daily basis.
” “ The above exemptions are limited to one person per patient only.
” The spokesman said the ban also applies to patients attending the Emergency Department at University Hospital Limerick and the Injury Units in Ennis , Nenagh and St John ’ s .
“ We are appealing to members of the public to co-operate with these necessary restrictions.
” “ We are also urging the public to keep the Emergency Department for emergencies @ @ @ @ @ @ @ given to the seriously injured and ill and those whose lives may be at risk .
“ Anyone else should first consider all the care options available to them in them in their own communities , their family doctors , out-of-hours GP services , or ask their local pharmacies for advice.
” Local Injury Units ( LIUs ) at Ennis and Nenagh Hospitals ( which operate from 8am-8pm daily ) , and St John ’ s Hospital ( 8am-6pm , Monday to Friday ) “ are an excellent option for treatment of broken @ @ @ @ @ @ @ , wounds , scalds and minor burns , without the lengthy wait that can be expected in the ED during busy periods , ” the statement said .

The UL Hospitals Group has announced a visiting ban at six hospitals to minimise the spread of Coronavirus (COVID-19). Photograph: Dara Mac Donail The Irish Times
The UL Hospitals Group has announced a visiting ban at six hospitals in counties Limerick, Clare and Tipperary as a precaution to minimise the spread of Coronavirus (COVID-19).
The visitor ban covers University Hospital Limerick, University Maternity Hospital Limerick, St John's Hospital, Croom Orthopaedic Hospital in Co Limerick; Nenagh Hospital in Co Tipperary and Ennis Hospital in Co Clare.
The ban, described as part of “extraordinary measures” was decided by the group “in the interests of patient safety.”
The announcement came as four patients; two males, and two females, were being treated for the virus at University Hospital Limerick.
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The four patients tested positive for the virus on Wednesday and are being treated in separate isolation rooms.
Two additional confirmed cases; two females, have been confirmed in the region, after having close contact with one one the four cases.
A spokesman for the UL Hospitals Group said it regrets any distress or inconvenience the extraordinary measures will cause to patients and their loved ones.
“These measures are being taken in order to minimise any spread of infection within our hospital sites. These measures are in place until further notice and are being reviewed on a daily basis.”
Exceptions to the ban include:
parents visiting children in hospital
partners of women attending University Maternity Hospital Limerick
people visiting patients at end-of-life
people assisting confused patients (e.g. dementia)
people visiting patients in Critical Care
“The above exemptions are limited to one person per patient only.”
The spokesman said the ban also applies to patients attending the Emergency Department at University Hospital Limerick and the Injury Units in Ennis, Nenagh and St John’s.
“We are appealing to members of the public to co-operate with these necessary restrictions.”
“We are also urging the public to keep the Emergency Department for emergencies only; a place where priority is given to the seriously injured and ill and those whose lives may be at risk.
“Anyone else should first consider all the care options available to them in them in their own communities, their family doctors, out-of-hours GP services, or ask their local pharmacies for advice.”
Local Injury Units (LIUs) at Ennis and Nenagh Hospitals ( which operate from 8am-8pm daily), and St John’s Hospital (8am-6pm, Monday to Friday) “are an excellent option for treatment of broken bones, dislocations, sprains, strains, wounds, scalds and minor burns, without the lengthy wait that can be expected in the ED during busy periods,” the statement said.
Restrictions
Meanwhile, strict visitor restrictions have been introduced with immediate effect across the South/South West Hospital Group due to infection control concerns.
The hospitals where these restrictions have been implemented include Cork University and Maternity Hospitals, the South Infirmary Victoria Hospital and the Mercy University Hospital in Cork city, University Hospital Kerry, University Hospital Waterford, Bantry General Hospital and Mallow General Hospital.
The measure is in the interest of patient care and in order to prevent the spread of infection.
Anyone with any queries about visiting times or visiting a particular hospital should ring the respective hospital directly.
Management at the South/South West Hospital Group have requested that where appropriate the public contact their GP/Out of Hours service in the first instance and explore all other options available to them prior to presenting to Emergency Departments if their needs are not urgent.