theirishtimes--2020-06-15--Government negotiations: how the draft deal was done

There were times when some of the participants in the long-running negotiations between Fianna Fáil , Fine Gael and the Greens thought the process was going off the rails .
On numerous occasions , the three sides bickered at each other in the talks and in the media for several days .
The Greens blamed Fine Gael for cancelling meetings .
Fianna Fáil blamed the Greens .
Fine Gael complained that the Greens were holding up the talks by refusing to sign off on policy papers that had been agreed by negotiators ; while the Greens accused the two bigger @ @ @ @ @ @ @ a deal without spelling out the detail sufficiently .
One Saturday session two weeks ago , largely dealing with economic issues , did not go well .
Fine Gael and Fianna Fáil pressed for agreement on a commitment to reduce the budget deficit in the later years of the government ’ s term once the cost of dealing with the pandemic had been absorbed ; but to the Greens – especially for its finance spokeswoman Neasa Hourigan – this sounded too much like a return to austerity .
The following Saturday , June @ @ @ @ @ @ @ those around the table at another lengthy plenary session stared goggle-eyed at their phones as news filtered through that Catherine Martin had confirmed she would challenge Eamon Ryan for the Green party leadership .
One source expressed astonishment , but also a degree of grudging admiration for Martin , as she proceeded with the talks unfazed while all around her digested the news .
Still , as they headed into the final week of talks , many people in Fianna Fáil and Fine Gael thought : That ’ s it .
She ’ @ @ @ @ @ @ @ While Fine Gael and Fianna Fáil found themselves on the same side of many of the arguments about policy , there was still significant tension between the two parties .
One senior figure in Fine Gael complained that Fianna Fáil just wanted his party to help entice the Greens in to government at any cost .
But it was a “ totally different environment ” in his party .
Lots of people weren ’ t enthusiastic about entering government at all .
Amid deep pessimism on all sides , the three party leaders @ @ @ @ @ @ @ Sunday , June 7th , acknowledging the difficulties and trying to find ways to work around them .
One of them told his aides afterwards that they had identified “ landing zones ” for all the major issues that were still outstanding .
Among the negotiating teams , meanwhile , it became clear that Catherine Martin was going nowhere .
Day after day , the Greens hammered away at the talks , slowly , painfully agreeing the policy details of the document that would become the draft programme for government .
Martin gave @ @ @ @ @ @ @ told her colleagues that she wanted a deal , but only one that could pass a vote of party members , where a two-thirds majority was required .
Progress was slow ; a deadline of last Tuesday became the latest of many to pass without agreement .
But all the same , there was progress .
Texts were being agreed .
After some slow and frustrating days , momentum swung towards a deal on Wednesday with broad agreement on how to reach the Greens ambition of reducing carbon emissions by an average of @ @ @ @ @ @ @ A deal was getting closer .
But not close enough .
As the week went on , Fianna Fáil became more and more frustrated with what the party believed was foot-dragging in the negotiations .
Senior party figures and negotiators were divided about who was to blame – the Greens or Fine Gael .
But the nagging fear that Taoiseach Leo Varadkar would prefer a general election to a successful conclusion became more pronounced throughout the week , and as the talks dragged on at a glacial pace , Fianna Fáil became more @ @ @ @ @ @ @ figures bridled at Fine Gael ’ s obvious enjoyment that Fianna Fáil was in a tight corner – but despite some sharp private messages sent to Fine Gael , they managed to keep a public lid on their frustrations .
Fianna Fáil had wanted the talks concluded early in the week ; then they said it had to be wrapped up by Friday , insisting that ballot papers needed to be sent out to their members by the last post on Friday , but Fine Gael remained impervious to the Fianna Fáil demands @ @ @ @ @ @ @ .
On Saturday , Fine Gael turned up almost an hour late for the morning session ; that evening , after a long day , Simon Coveney proposed adjourning the talks until Sunday .
By now the Greens were fed up ; no way , they said .
Let ’ s get this finished tonight .
The breakthrough in Saturday ’ s marathon talks session came at about 2 o ’ clock on Sunday morning , according to sources , when the Greens finally secured their demands on funding for transport : a @ @ @ @ @ @ @ over roads and , even before that is calculated , that 10 per cent of the transport capital budget should be allocated to both walking and cycling .
The combined 20 per cent works out at a guaranteed €360 million per year in cycling and walking infrastructure .
“ We said we couldn ’ t go any further , ” said one Green source of the differences on transport spending .
“ The transport stuff went right to the end because there were so many moving parts .
They [ Fianna Fáil and @ @ @ @ @ @ @ the roads maintenance budget , which is understandable.
” Fine Gael ’ s Paschal Donohoe , Fianna Fáil ’ s Barry Cowen and Jack Chambers and Ossian Smyth and Joe O ’ Brien of the Greens hammered out a deal that cleared the way for the draft programme for government to be sent to the party leaders .
The negotiators eventually finished at about 3.30am , having agreed text on all the remaining outstanding issues , bar those that had been kicked upstairs to the leaders to resolve .
Varadkar was still sticking @ @ @ @ @ @ @ , an issue that had become more important for Fine Gael as the talks went on as a sort of badge of commitment for fiscal prudence – a contrast , they thought , to Fianna Fáil who were prepared to pay any price for a deal .
But Fianna Fáil reminded Varadkar that he had already conceded the principle of postponing the pension age increase during the general election , even producing a report of him promising that cancelling the increase to 67 would be “ the first legislation we put through the @ @ @ @ @ @ @ In reality , Varadkar was using the pension age as a bargaining chip to get language about possible tax cuts in the future into the document .
It remained the sticking point last night .
For the Greens , the negotiating process also helped the parliamentary party bond as a unit .
While some knew each other going back decades , others among the 12 party TDs and two Senators returned to Leinster House in the past few months had only a passing acquaintance .
The coronavirus restrictions , with meetings held via @ @ @ @ @ @ @ the group gel as it would have done normally , but the latter stages of the talks saw the parliamentary party in daily contact at internal preparatory meetings and the negotiating sessions themselves .
For some , it was more than that .
Waterford ’ s Marc Ó Cathasaigh and Limerick City ’ s Brian Leddin shared accommodation while in Dublin for the talks , as did Senators Pauline O ’ Reilly and Pippa Hackett .
As a party , the Greens have made their bed .
They now have to decide whether @ @ @ @ @ @ @

There were times when some of the participants in the long-running negotiations between Fianna Fáil, Fine Gael and the Greens thought the process was going off the rails.
On numerous occasions, the three sides bickered at each other in the talks and in the media for several days. The Greens blamed Fine Gael for cancelling meetings. Fianna Fáil blamed the Greens. Fine Gael complained that the Greens were holding up the talks by refusing to sign off on policy papers that had been agreed by negotiators; while the Greens accused the two bigger parties of trying to push them into a deal without spelling out the detail sufficiently.
One Saturday session two weeks ago, largely dealing with economic issues, did not go well. Fine Gael and Fianna Fáil pressed for agreement on a commitment to reduce the budget deficit in the later years of the government's term once the cost of dealing with the pandemic had been absorbed; but to the Greens – especially for its finance spokeswoman Neasa Hourigan – this sounded too much like a return to austerity.
The following Saturday, June 6th, after a bruising day, those around the table at another lengthy plenary session stared goggle-eyed at their phones as news filtered through that Catherine Martin had confirmed she would challenge Eamon Ryan for the Green party leadership.
READ MORE
One source expressed astonishment, but also a degree of grudging admiration for Martin, as she proceeded with the talks unfazed while all around her digested the news. Still, as they headed into the final week of talks, many people in Fianna Fáil and Fine Gael thought: That’s it. She’ll never back a deal now.
While Fine Gael and Fianna Fáil found themselves on the same side of many of the arguments about policy, there was still significant tension between the two parties. One senior figure in Fine Gael complained that Fianna Fáil just wanted his party to help entice the Greens in to government at any cost. But it was a “totally different environment” in his party. Lots of people weren’t enthusiastic about entering government at all.
Deep pessimism
Amid deep pessimism on all sides, the three party leaders held a long and productive meeting on Sunday, June 7th, acknowledging the difficulties and trying to find ways to work around them. One of them told his aides afterwards that they had identified “landing zones” for all the major issues that were still outstanding.
Among the negotiating teams, meanwhile, it became clear that Catherine Martin was going nowhere. Day after day, the Greens hammered away at the talks, slowly, painfully agreeing the policy details of the document that would become the draft programme for government. Martin gave little away in the negotiations, but told her colleagues that she wanted a deal, but only one that could pass a vote of party members, where a two-thirds majority was required.
Progress was slow; a deadline of last Tuesday became the latest of many to pass without agreement. But all the same, there was progress. Texts were being agreed. After some slow and frustrating days, momentum swung towards a deal on Wednesday with broad agreement on how to reach the Greens ambition of reducing carbon emissions by an average of 7 per cent annually by 2030. A deal was getting closer.
But not close enough. As the week went on, Fianna Fáil became more and more frustrated with what the party believed was foot-dragging in the negotiations. Senior party figures and negotiators were divided about who was to blame – the Greens or Fine Gael. But the nagging fear that Taoiseach Leo Varadkar would prefer a general election to a successful conclusion became more pronounced throughout the week, and as the talks dragged on at a glacial pace, Fianna Fáil became more anxious and more impatient. Senior party figures bridled at Fine Gael's obvious enjoyment that Fianna Fáil was in a tight corner – but despite some sharp private messages sent to Fine Gael, they managed to keep a public lid on their frustrations.
Friday deadline
Fianna Fáil had wanted the talks concluded early in the week; then they said it had to be wrapped up by Friday, insisting that ballot papers needed to be sent out to their members by the last post on Friday, but Fine Gael remained impervious to the Fianna Fáil demands. The Friday deadline came and went.
On Saturday, Fine Gael turned up almost an hour late for the morning session; that evening, after a long day, Simon Coveney proposed adjourning the talks until Sunday. By now the Greens were fed up; no way, they said. Let's get this finished tonight.
The breakthrough in Saturday’s marathon talks session came at about 2 o’clock on Sunday morning, according to sources, when the Greens finally secured their demands on funding for transport: a 2:1 split in favour of public transport over roads and, even before that is calculated, that 10 per cent of the transport capital budget should be allocated to both walking and cycling. The combined 20 per cent works out at a guaranteed €360 million per year in cycling and walking infrastructure.
“We said we couldn’t go any further,” said one Green source of the differences on transport spending. “The transport stuff went right to the end because there were so many moving parts. They [Fianna Fáil and Fine Gael] were very protective of the roads maintenance budget, which is understandable.”
Fine Gael's Paschal Donohoe, Fianna Fáil's Barry Cowen and Jack Chambers and Ossian Smyth and Joe O'Brien of the Greens hammered out a deal that cleared the way for the draft programme for government to be sent to the party leaders.
The negotiators eventually finished at about 3.30am, having agreed text on all the remaining outstanding issues, bar those that had been kicked upstairs to the leaders to resolve.
Pension age
Varadkar was still sticking to an increase in the pension age, an issue that had become more important for Fine Gael as the talks went on as a sort of badge of commitment for fiscal prudence – a contrast, they thought, to Fianna Fáil who were prepared to pay any price for a deal. But Fianna Fáil reminded Varadkar that he had already conceded the principle of postponing the pension age increase during the general election, even producing a report of him promising that cancelling the increase to 67 would be “the first legislation we put through the new Dáil” on February 3rd. In reality, Varadkar was using the pension age as a bargaining chip to get language about possible tax cuts in the future into the document. It remained the sticking point last night.
For the Greens, the negotiating process also helped the parliamentary party bond as a unit. While some knew each other going back decades, others among the 12 party TDs and two Senators returned to Leinster House in the past few months had only a passing acquaintance.
The coronavirus restrictions, with meetings held via video conference, didn’t help the group gel as it would have done normally, but the latter stages of the talks saw the parliamentary party in daily contact at internal preparatory meetings and the negotiating sessions themselves.
For some, it was more than that. Waterford's Marc Ó Cathasaigh and Limerick City's Brian Leddin shared accommodation while in Dublin for the talks, as did Senators Pauline O'Reilly and Pippa Hackett. As a party, the Greens have made their bed. They now have to decide whether they want to lie in it.


theirishtimes--2020-06-15--HSE asks 5,000 people to take part in Covid-19 antibody study

More than 5,000 people in Dublin and Sligo are to be invited to give blood samples from Monday as part of the first study aiming to determine the prevalence of Covid-19 in the population .
The seroprevalence study , which will measure exposure to the virus using an antibody blood test , involves a representative sample of people from areas with higher and lower levels of infection .
So far , the only testing that has been done in Ireland has been to determine if a person is infected with the virus .
While the presence of antibodies afford some @ @ @ @ @ @ @ .
Initial results are expected in late August and will enable the HSE ’ s Health Protection Surveillance Centre ( HPSC ) estimate the prevalence of infection of Covid-19 in the population across different age groups .
The HSE noted the presence of antibodies indicated that a person was infected with the COVID-19 virus , irrespective of whether the individual had severe or mild disease , or even asymptomatic infection .
It said the study “ will add to our knowledge about how long antibodies last and what protection they may provide against @ @ @ @ @ @ @ Cillian de Gascun , director of the National Virus Reference Laboratory , said to ensure that the study included people of all ages , both males and females , who broadly represented the wider population , a random sample of the population was being selected .
“ Therefore , the study is not open to volunteers from the general public and the HSE encourages those who receive a letter to consider participating , ” the HSE added .
From Monday , residents in nursing homes will be able to receive visits from family @ @ @ @ @ @ @ restrictions aimed at curbing the spread of Covid-19 were imposed three months ago .
Under new rules , visitors will have to confirm they have no virus symptoms before entering a nursing home .
Visits will be staggered and limited to less than 30 minutes , with each visitor allowed one visit per week .
Children under 16 will not be allowed to make visits .
Residents will be limited to two named visitors , who must undergo temperature checks beforehand .
Retail units in shopping centres are also due to reopen on @ @ @ @ @ @ @ place measures to prevent the spread of infection .
The measure was brought forward from August under the Government ’ s decision to speed up the roadmap for easing restrictions .
The Irish College of General Practitioners has called on the public to use face coverings when shopping and on public transport .
“ While full scientific evidence is not yet available on the efficacy of face coverings , we are encouraging people to use them when possible , as they are another barrier against transmission of the virus , ” said Dr @ @ @ @ @ @ @ .
“ They do not replace the measures we know with greater certainty stop the virus spreading – 2m social distancing , practicing good hand hygiene and cough etiquette.
” People should take immediate action if they have even mild symptoms of Covid-19 , such as cough , mild fever or dry throat , she also advised .
One more person has died in the Republic from coronavirus , the Department of Health said on Sunday .
The daily update by the National Public Health Emergency Team ( NPHET ) reported eight new @ @ @ @ @ @ @ cases to 25,303 .
There have now been a total 1,706 Covid-19 related deaths in the Republic of Ireland .
The team meets later this week to review progress towards easing restrictions , and in countering the spread of the disease .
Based on its recommendations , the Government will decide whether to bring forward any further easing of restrictions to the third phase of the plan on June 29th .
Meanwhile , a wholesale food market in the Chinese capital Beijing where traces of the virus were detected , was closed at @ @ @ @ @ @ @ also placed under quarantine after authorities detected 36 new coronavirus cases in the city and another 19 across the country .
The discovery sparked fears of a possible second wave of a virus that was first detected in the Chinese city of Wuhan in December but which appeared to be declining in the country by March as most of the world entered lockdowns .

More than 5,000 people in Dublin and Sligo are to be invited to give blood samples as part of the first study aiming to determine the prevalence of Covid-19 in the population.
More than 5,000 people in Dublin and Sligo are to be invited to give blood samples from Monday as part of the first study aiming to determine the prevalence of Covid-19 in the population.
The seroprevalence study, which will measure exposure to the virus using an antibody blood test, involves a representative sample of people from areas with higher and lower levels of infection.
So far, the only testing that has been done in Ireland has been to determine if a person is infected with the virus.
While the presence of antibodies afford some protection, it does not guarantee immunity.
READ MORE
Initial results are expected in late August and will enable the HSE’s Health Protection Surveillance Centre (HPSC) estimate the prevalence of infection of Covid-19 in the population across different age groups.
The HSE noted the presence of antibodies indicated that a person was infected with the COVID-19 virus, irrespective of whether the individual had severe or mild disease, or even asymptomatic infection.
It said the study “will add to our knowledge about how long antibodies last and what protection they may provide against new infection of Covid-19”.
Dr Cillian de Gascun, director of the National Virus Reference Laboratory, said to ensure that the study included people of all ages, both males and females, who broadly represented the wider population, a random sample of the population was being selected.
“Therefore, the study is not open to volunteers from the general public and the HSE encourages those who receive a letter to consider participating,” the HSE added.
From Monday, residents in nursing homes will be able to receive visits from family members for the first time since blanket restrictions aimed at curbing the spread of Covid-19 were imposed three months ago.
Under new rules, visitors will have to confirm they have no virus symptoms before entering a nursing home. Visits will be staggered and limited to less than 30 minutes, with each visitor allowed one visit per week. Children under 16 will not be allowed to make visits.
Residents will be limited to two named visitors, who must undergo temperature checks beforehand.
Retail units in shopping centres are also due to reopen on Monday, provided they have put in place measures to prevent the spread of infection. The measure was brought forward from August under the Government’s decision to speed up the roadmap for easing restrictions.
Face coverings
The Irish College of General Practitioners has called on the public to use face coverings when shopping and on public transport.
“While full scientific evidence is not yet available on the efficacy of face coverings, we are encouraging people to use them when possible, as they are another barrier against transmission of the virus,” said Dr Nuala O’Connor of the ICGP. “They do not replace the measures we know with greater certainty stop the virus spreading – 2m social distancing, practicing good hand hygiene and cough etiquette.”
People should take immediate action if they have even mild symptoms of Covid-19, such as cough, mild fever or dry throat, she also advised.
One more person has died in the Republic from coronavirus, the Department of Health said on Sunday. The daily update by the National Public Health Emergency Team (NPHET) reported eight new cases, bringing the total number of cases to 25,303.
There have now been a total 1,706 Covid-19 related deaths in the Republic of Ireland.
The team meets later this week to review progress towards easing restrictions, and in countering the spread of the disease. Based on its recommendations, the Government will decide whether to bring forward any further easing of restrictions to the third phase of the plan on June 29th.
Meanwhile, a wholesale food market in the Chinese capital Beijing where traces of the virus were detected, was closed at the weekend. Nearby housing estates were also placed under quarantine after authorities detected 36 new coronavirus cases in the city and another 19 across the country. The discovery sparked fears of a possible second wave of a virus that was first detected in the Chinese city of Wuhan in December but which appeared to be declining in the country by March as most of the world entered lockdowns.


theirishtimes--2020-06-15--Rats big enough for ‘saddles’ infest Dublin

A “ large increase ” in rats leaving the sewers and infesting city streets and suburbs has emerged during the coronavirus pandemic as pest control teams have been curtailed , Dublin City Council has said .
Rats , described by one councillor as big enough to “ put a saddle on ” , are eating through brickwork and circumventing traps to infest homes , gardens and even cars .
Recent warm weather , fewer people on the streets and increased illegal dumping had encouraged more rats into the open , the council said .
However its ability to tackle infestations @ @ @ @ @ @ @ Executive ( HSE ) pest control services were restricted during the pandemic .
Sinn Féin councillor Daniel Céitinn said south inner-city residential areas around York Street , Montague Court and Bishop Street were becoming overrun with rats .
“ They are nesting in broken drains and seem to be becoming more aggressive in their search for food .
They ’ re also getting into cars and ruining the engines , ” he said .
“ I understand resources are scare at the moment , but not dealing with this is creating another health @ @ @ @ @ @ @ Féin said the age and poor state of repair of many flat complexes made it difficult to deter rats , but there was also a problem with some residents throwing food over balconies .
In Oliver Bond Street she said rats were so big “ you would only be short of putting a saddle on them ” .
Infestations were multiplying in the suburbs too .
Fianna Fáil ’ s Racheal Batten said there were particular problems in estates around Beaumont .
Reduced activity during Covid-19 restrictions “ seems to have given them @ @ @ @ @ @ @ she said .
Independent councillor Noeleen Reilly said there were similar problems in Ballymun .
“ I ’ ve never seen illegal dumping as bad , and that is definitely leading to an increase in rats.
” The council said there had been “ a large increase in the number of rats coming up from the pipe networks and onto the streets ” and “ we had instances where rats had eaten through brickwork in manholes and somehow managed to get by trap gullies on the roadways ” .
Controlling the rat populations @ @ @ @ @ @ @ regulation of poisons and because rat “ enforcement action ” was a matter for the HSE .
“ During the Covid-19 crisis , the HSE did not carry out pest control in our flat complexes , as they did prior to the pandemic .
In the absence of the HSE , Dublin City Council continued to provide this service , which placed additional strain on our resources , ” the council added .
The HSE said it had been restricted on entering homes during the pandemic , but had continued to provide external @ @ @ @ @ @ @ recommence entering properties from June 15th .

Fewer people on the streets and increased illegal dumping have encouraged more rats into the open. Photograph: iStock
A "large increase" in rats leaving the sewers and infesting city streets and suburbs has emerged during the coronavirus pandemic as pest control teams have been curtailed, Dublin City Council has said.
Rats, described by one councillor as big enough to “put a saddle on”, are eating through brickwork and circumventing traps to infest homes, gardens and even cars.
Recent warm weather, fewer people on the streets and increased illegal dumping had encouraged more rats into the open, the council said. However its ability to tackle infestations had been reduced as the Health Service Executive (HSE) pest control services were restricted during the pandemic.
Sinn Féin councillor Daniel Céitinn said south inner-city residential areas around York Street, Montague Court and Bishop Street were becoming overrun with rats.
READ MORE
“They are nesting in broken drains and seem to be becoming more aggressive in their search for food. They’re also getting into cars and ruining the engines,” he said. “I understand resources are scare at the moment, but not dealing with this is creating another health emergency.”
Críona Ní Dhalaigh of Sinn Féin said the age and poor state of repair of many flat complexes made it difficult to deter rats, but there was also a problem with some residents throwing food over balconies. In Oliver Bond Street she said rats were so big "you would only be short of putting a saddle on them".
Suburbs
Infestations were multiplying in the suburbs too. Fianna Fáil's Racheal Batten said there were particular problems in estates around Beaumont. Reduced activity during Covid-19 restrictions "seems to have given them a better chance to breed", she said.
Independent councillor Noeleen Reilly said there were similar problems in Ballymun. "I've never seen illegal dumping as bad, and that is definitely leading to an increase in rats."
The council said there had been “a large increase in the number of rats coming up from the pipe networks and onto the streets” and “we had instances where rats had eaten through brickwork in manholes and somehow managed to get by trap gullies on the roadways”.
Poisons
Controlling the rat populations was becoming increasingly problematic because of stricter regulation of poisons and because rat “enforcement action” was a matter for the HSE.
"During the Covid-19 crisis, the HSE did not carry out pest control in our flat complexes, as they did prior to the pandemic. In the absence of the HSE, Dublin City Council continued to provide this service, which placed additional strain on our resources," the council added.
The HSE said it had been restricted on entering homes during the pandemic, but had continued to provide external “rodent control”. It would recommence entering properties from June 15th.


theirishtimes--2020-06-15--Peter Kelly profile: Fearless legal force for half a century

Mr Justice Peter Kelly retires this week as president of the High Court , the first time the word retiring has been marked against his name in a career spanning half a century .
Fearless , forthright , formidable , yes , but never retiring .
He was the judge who slammed the lack of secure places for at-risk children as a “ scandal ” and made an unusual order requiring the government to stick to its own pledges to build a secure unit .
He was the judge who threatened contempt charges over three government ministers until a place @ @ @ @ @ @ @ girl and the one who told developer Liam Carroll he was a “ disgrace ” after a young worker died on site .
He was the one who awarded damages to Ryanair ’ s one-millionth passenger after rejecting Ryanair boss Michael O ’ Leary ’ s sworn evidence he was not bullying towards her when she phoned him about promised free flights .
That was just in Kelly ’ s early years on the bench .
Much more followed .
Born in 1950 , Kelly was brought up on Dublin ’ s northside @ @ @ @ @ @ @ and John Kelly ’ s four children .
He attended O ’ Connell Christian Brothers School .
He was just 12 when his father , a senior clerk in the Chief State Solicitor ’ s office , took him to the Four Courts .
Instantly smitten by the drama and characters , Kelly paid more visits in his teenage years .
He witnessed prominent senior counsel Ernest Wood closing the case against a famous singer being sued for damages by his partner over an assault on her when pregnant .
Her leg was @ @ @ @ @ @ @ thrown over her .
Decades later , Kelly , an excellent mimic , could cite Wood ’ s closing words from memory : “ Gentlemen of the jury , it is customary for an advocate to have in their vocabulary words one would use to describe different types of person .
“ As an advocate of over 40 years standing , having looked over the panorama of Mr X ’ s life , I can find no word in my vocabulary to describe a creature as base as he.
” Kelly was hooked @ @ @ @ @ @ @ expensive .
Lacking the family wealth and network available to many aspiring lawyers , he pursued a less traditional route .
After the Leaving Cert , he entered the Civil Service and went to the High Court Central Office , where he studied for the Bar exams , learning the law and its habits .
He pursued a law degree through UCD and the King ’ s Inns and got first-class honours in the Bar exams .
The next step would normally involve unpaid work of devilling with a barrister , but Kelly @ @ @ @ @ @ @ pensionable job .
Instead , he won promotion to administrative officer in the Civil Service and asked to be allocated to the Department of Justice which sent him to Amsterdam to do a university summer course in European law .
It was 1973 , Ireland had just joined the EEC and 23-year-old Kelly was flying to Brussels and Luxembourg on a regular basis .
Exciting times , and it seemed glamorous but he still hankered for the Bar .
In 1975 , he took the plunge and resigned his Civil Service job .
@ @ @ @ @ @ @ Tom Smith , he was a junior counsel working for himself and quickly built up a busy practice , doing mainly chancery work .
His sharp legal mind quickly made an impression .
Just a year into his career , he made new law here when he got a judgment in Dutch guilders for a Dutch client arising from a bad debt here .
He became a senior counsel in 1986 and was much in demand .
Ken Murphy , director general of the Law Society , who often briefed Kelly , was @ @ @ @ @ @ @ as an advocate and the clarity of his mind ” .
He represented the Stardust families , he was on the winning side in the row over the takeover of Irish Distillers by Pernod Ricard and successfully represented the Aga Khan in the high-profile dispute over ownership of the Gilltown stud .
He represented , too , businessman Ben Dunne in bitter litigation over control of the Dunne family ’ s retail empire and acted in several major liquidations , including of the PMPA and Insurance Corporation of Ireland .
When Des Hanafin @ @ @ @ @ @ @ Kelly , who like Hanafin was regarded as socially conservative , represented the Fianna Fáil politician .
Hanafin lost , but established a right to challenge a referendum petition .
The Supreme Court appointed Kelly to make arguments on behalf of the unborn when the Information ( Termination of Pregnancies ) Bill was referred to it by President Mary Robinson , where it was later deemed constitutional .
He was asked to represent the interests of a ward of court , a woman in a persistent vegetative state , and opposed ending nutrition @ @ @ @ @ @ @ proceedings in 1996 that she be allowed to die .
Having become a High Court judge at just 46 , Kelly ran a tight ship .
Papers had to be in proper order and Kelly , a committed Roman Catholic , expected those who swore to tell the truth to do so and insisted on absolute silence when the oath was being sworn .
Just a year after his appointment , Kelly granted injunctions to the Health and Safety Authority closing a site of prominent developer Zoe Developments following the death of a @ @ @ @ @ @ @ boss Liam Carroll to come to court to give sworn undertakings , Kelly told him : “ You are entitled to make profits on the sweat of your workers but you are not entitled to make profits on the blood and lives of your workers.
” He encouraged Carroll to make a donation to charity as a mark of “ contrition ” .
St Vincent de Paul benefited by €100,000 and Kelly ’ s orders were widely welcomed within the labour movement .
By the late 1990s , Kelly increasingly dealt with cases @ @ @ @ @ @ @ forced to send children to Garda cells or the Central Mental Hospital despite years of pledges by governments to provide secure places .
Having criticised the State ’ s failures as a “ scandal ” , he ordered in 1999 that the State should comply with the government ’ s own plan to provide a secure care unit within timescales it had set for itself .
That order was not appealed .
A similar order a year later in a case known as the TD case prompted mutterings in government about judges interfering @ @ @ @ @ @ @ the executive .
A State appeal later was a “ colossal waste of taxpayers ’ money ” , he declared .
In another case , after he warned the ministers for health , justice and education could all find themselves in contempt unless a place was found for an extremely disturbed suicidal girl who had absconded from a therapeutic unit , a place was found .
In 2001 , the Supreme Court allowed the State ’ s appeal against Kelly ’ s TD order .
Four of its five judges found that it @ @ @ @ @ @ @ rule laid down by the Constitution .
However , Susan Denham , later a chief justice , sided with Kelly as did several legal academics who maintain judicially enforceable socio-economic rights can be read into the Constitution .
The secure care units were ultimately built .
In 2003 , Kelly drafted the rules for the Commercial Court , designed to speed up settlements in big business cases .
Within a few years , as the property bubble burst , the vast bulk of its work was debt collection .
On July 31st , @ @ @ @ @ @ @ legal year , Kelly refused an urgent petition to appoint an examiner to Zoe Developments , describing as “ fanciful ” assertions that the Zoe companies , insolvent with bank debt of more than €1 billion , could survive .
The survival scheme was “ envisaged to help shareholders whose investment has proved to be unsuccessful ” and required “ extraordinary ” forbearance from banks which was “ remarkably absent ” when banks were dealing with smaller borrowers .
Despite appeals by Zoe , the refusal of protection was twice endorsed by the @ @ @ @ @ @ @ developers went the same way as Zoe .
During these years , Kelly kept on top of a crippling workload , dealing with weekly Monopoly-style judgments against some of the country ’ s biggest developers , business people , politicians , lawyers , sporting and showbiz personalities , and others .
Consistently , Kelly , who was incredulous that banks had loaned and people borrowed such enormous sums , condemned “ shoddy ” lending practices and the abandonment of traditional rules based on the “ three Cs ” – credit , collateral and @ @ @ @ @ @ @ shell on Dublin ’ s north quays , intended as Anglo ’ s showy new HQ before the bank ’ s collapse , as a “ fitting tombstone ” to the so-called Celtic Tiger .
Cases were processed speedily .
If money was loaned , it should be repaid .
He rejected what he called “ cod ” defences , often advanced on behalf of many desperate personal litigants on “ advice ” from self-styled lay “ experts ” .
Those with an arguable defence got a hearing .
Marathon litigation involving Anglo @ @ @ @ @ @ @ his family took years , seeing Kelly handing out a record €2.2 billion summary judgment against a bankrupt Quinn , once Ireland ’ s richest man .
When Quinn briefly appeared in court saying he was a “ simple farmer ’ s son ” , Kelly responded “ I ’ m a simple man myself ” before ruling Quinn could not defend the judgment application .
Kelly , ferociously independent , was central to establishing the Association of Judges in 2011 , becoming its first chair .
Just weeks before it was set @ @ @ @ @ @ @ ’ pay had been overwhelmingly approved .
Seeking a voice to speak for them following a rift with the government , Kelly and many judges had regarded the efforts to cut pay as an intrusion on judicial independence .
There was no love lost between them and then minister for justice Alan Shatter .
Tensions simmered .
Speaking at a private dinner in 2013 to senior business figures , Kelly accused the government of “ demolishing judicial independence brick by brick ” .
His words brought headlines .
Shatter swiftly hit back , @ @ @ @ @ @ @ ” .
The Association of Judges of Ireland ( AJI ) strongly supported Kelly .
However , both sides quickly realised that the dispute could not continue .
Ultimately , relations improved considerably after Shatter ’ s resignation .
Some Cabinet members had admired Kelly ’ s AJI negotiating skills .
The pay row did not stop them promoting Kelly , first as a judge of the Court of Appeal in October 2014 and , in late 2015 , as president of the High Court , the third most senior judicial position in @ @ @ @ @ @ @ High Court president , Kelly has overhauled the wards of court system as best he could with a Victorian-era system being phased out pending the delayed implementation of the 2015 Assisted Decision Making Capacity Act .
Cases have been reviewed that had not been looked at for years , while he brought back independent medical visitors to conduct capacity assessments , involved geriatricians and took steps to ensure wards had their voices heard .
Some critics argue that this approach involves an over-reliance on medical evidence and an under-recognition of individual autonomy .
@ @ @ @ @ @ @ or death concerns and was hampered by a lack of State support for the elderly .
His decisions have generally withstood appeal but the Supreme Court found last year , in a complex case , more notice of the wardship process should have been given to the elderly woman involved in the case with the effect her fair procedure rights were not vindicated .
Several wards , including young people battling chronic anorexia and their families , have thanked Kelly down the years .
One woman deemed to have temporarily lost capacity as @ @ @ @ @ @ @ for whom Kelly permitted surgery against her wishes , came to court with chocolates afterwards to thank him .
When she said she should have brought champagne , Kelly laughed and said : “ I ’ m a teetotaller.
” Kelly , who is unmarried and lives in south Dublin , is unlikely to be inactive in retirement .
He is heading a review of the civil law justice system , expected to report later this year .
He is chairman of St Francis Hospice and the Edmund Rice Schools Trust , which @ @ @ @ @ @ @ Christian Brothers , and a member of the board of the Royal College of Surgeons in Ireland .
A former member of the Bar Council choir , he is a lover of classical music , opera and Italian culture and is a frequent visitor to Rome , where he has an apartment .
Socially , he is described as good fun and “ up for a laugh ” .
“ He has an excellent singing voice and a sharp , sometimes wicked , wit .
He can take off anyone , ” one @ @ @ @ @ @ @ of the sharpest legal minds of his generation , Kelly leaves a legacy of many important judgments .
He wrote the High Court Abbeylara judgment of 2001 declaring the Oireachtas had “ no inherent power ” to inquire into the shooting dead by gardaí of John Carthy in Abbeylara or any matter likely to lead to adverse findings against citizens who are not members of the Oireachtas .
He authored landmark judgments concerning the right to civil legal aid and the sanctity of legal professional privilege , and was part of divisional High @ @ @ @ @ @ @ by former Rehab chief executive Angela Kerins and United Left TD Joan Collins .
He has an impressive work ethic and excellent administrative skills .
The Commercial Court , under his stewardship , was marked by the European Commercial Judges Forum as the most efficient commercial court in the EU .
Several of his decisions over the years demonstrated determination to have the State meet its constitutional obligations to vulnerable citizens .
His early judicial career involved vindicating the rights of at-risk children and his later years saw him advocating for wards .
@ @ @ @ @ @ @ a mirror to Ireland ’ s treatment of its most vulnerable citizens and exposed glaring deficiencies .
The improved treatment of wards may be his most enduring legacy .
“ Before Kelly , people didn ’ t know wards existed , they were a forgotten people , ” one solicitor said .
He has done the State , but more particularly the people , some service .

Mr Justice Peter Kelly retires this week as president of the High Court, the first time the word retiring has been marked against his name in a career spanning half a century. Fearless, forthright, formidable, yes, but never retiring.
He was the judge who slammed the lack of secure places for at-risk children as a “scandal” and made an unusual order requiring the government to stick to its own pledges to build a secure unit.
He was the judge who threatened contempt charges over three government ministers until a place was found for a very disturbed suicidal girl and the one who told developer Liam Carroll he was a “disgrace” after a young worker died on site.
He was the one who awarded damages to Ryanair’s one-millionth passenger after rejecting Ryanair boss Michael O’Leary’s sworn evidence he was not bullying towards her when she phoned him about promised free flights.
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That was just in Kelly’s early years on the bench. Much more followed.
Born in 1950, Kelly was brought up on Dublin’s northside in Clontarf, the eldest of Margaret and John Kelly’s four children. He attended O’Connell Christian Brothers School.
He was just 12 when his father, a senior clerk in the Chief State Solicitor’s office, took him to the Four Courts. Instantly smitten by the drama and characters, Kelly paid more visits in his teenage years.
He witnessed prominent senior counsel Ernest Wood closing the case against a famous singer being sued for damages by his partner over an assault on her when pregnant. Her leg was fractured and a pot of stew was thrown over her.
Decades later, Kelly, an excellent mimic, could cite Wood’s closing words from memory: “Gentlemen of the jury, it is customary for an advocate to have in their vocabulary words one would use to describe different types of person.
“As an advocate of over 40 years standing, having looked over the panorama of Mr X’s life, I can find no word in my vocabulary to describe a creature as base as he.”
Civil Service
Kelly was hooked, but a Bar career was prohibitively expensive. Lacking the family wealth and network available to many aspiring lawyers, he pursued a less traditional route.
After the Leaving Cert, he entered the Civil Service and went to the High Court Central Office, where he studied for the Bar exams, learning the law and its habits.
He pursued a law degree through UCD and the King’s Inns and got first-class honours in the Bar exams. The next step would normally involve unpaid work of devilling with a barrister, but Kelly worried about giving up a permanent, pensionable job.
Instead, he won promotion to administrative officer in the Civil Service and asked to be allocated to the Department of Justice which sent him to Amsterdam to do a university summer course in European law.
It was 1973, Ireland had just joined the EEC and 23-year-old Kelly was flying to Brussels and Luxembourg on a regular basis. Exciting times, and it seemed glamorous but he still hankered for the Bar.
In 1975, he took the plunge and resigned his Civil Service job. After a year devilling with senior counsel Tom Smith, he was a junior counsel working for himself and quickly built up a busy practice, doing mainly chancery work.
His sharp legal mind quickly made an impression. Just a year into his career, he made new law here when he got a judgment in Dutch guilders for a Dutch client arising from a bad debt here.
He became a senior counsel in 1986 and was much in demand. Ken Murphy, director general of the Law Society, who often briefed Kelly, was deeply impressed by his “remarkable fluency as an advocate and the clarity of his mind”.
He represented the Stardust families, he was on the winning side in the row over the takeover of Irish Distillers by Pernod Ricard and successfully represented the Aga Khan in the high-profile dispute over ownership of the Gilltown stud.
He represented, too, businessman Ben Dunne in bitter litigation over control of the Dunne family’s retail empire and acted in several major liquidations, including of the PMPA and Insurance Corporation of Ireland.
Mr Justice Peter Kelly: A lover of classical music, opera and Italian culture, he is a frequent visitor to Rome, where he has an apartment. Photograph: Nick Bradshaw
Socially conservative
When Des Hanafin challenged the 1995 pro-divorce referendum result, Kelly, who like Hanafin was regarded as socially conservative, represented the Fianna Fáil politician. Hanafin lost, but established a right to challenge a referendum petition.
The Supreme Court appointed Kelly to make arguments on behalf of the unborn when the Information (Termination of Pregnancies) Bill was referred to it by President Mary Robinson, where it was later deemed constitutional.
He was asked to represent the interests of a ward of court, a woman in a persistent vegetative state, and opposed ending nutrition and hydration for her in Supreme Court proceedings in 1996 that she be allowed to die.
Having become a High Court judge at just 46, Kelly ran a tight ship. Papers had to be in proper order and Kelly, a committed Roman Catholic, expected those who swore to tell the truth to do so and insisted on absolute silence when the oath was being sworn.
Just a year after his appointment, Kelly granted injunctions to the Health and Safety Authority closing a site of prominent developer Zoe Developments following the death of a young worker.
Having later directed Zoe boss Liam Carroll to come to court to give sworn undertakings, Kelly told him: “You are entitled to make profits on the sweat of your workers but you are not entitled to make profits on the blood and lives of your workers.”
He encouraged Carroll to make a donation to charity as a mark of “contrition”. St Vincent de Paul benefited by €100,000 and Kelly’s orders were widely welcomed within the labour movement.
By the late 1990s, Kelly increasingly dealt with cases involving at-risk children, where he was forced to send children to Garda cells or the Central Mental Hospital despite years of pledges by governments to provide secure places.
Having criticised the State’s failures as a “scandal”, he ordered in 1999 that the State should comply with the government’s own plan to provide a secure care unit within timescales it had set for itself.
That order was not appealed. A similar order a year later in a case known as the TD case prompted mutterings in government about judges interfering in matters that were the preserve of the executive. A State appeal later was a “colossal waste of taxpayers’ money”, he declared.
Separation of powers
In another case, after he warned the ministers for health, justice and education could all find themselves in contempt unless a place was found for an extremely disturbed suicidal girl who had absconded from a therapeutic unit, a place was found.
In 2001, the Supreme Court allowed the State’s appeal against Kelly’s TD order. Four of its five judges found that it was inconsistent with the separation of powers rule laid down by the Constitution.
However, Susan Denham, later a chief justice, sided with Kelly as did several legal academics who maintain judicially enforceable socio-economic rights can be read into the Constitution. The secure care units were ultimately built.
In 2003, Kelly drafted the rules for the Commercial Court, designed to speed up settlements in big business cases. Within a few years, as the property bubble burst, the vast bulk of its work was debt collection.
On July 31st, 2009, the last day of the legal year, Kelly refused an urgent petition to appoint an examiner to Zoe Developments, describing as “fanciful” assertions that the Zoe companies, insolvent with bank debt of more than €1 billion, could survive.
The survival scheme was “envisaged to help shareholders whose investment has proved to be unsuccessful” and required “extraordinary” forbearance from banks which was “remarkably absent” when banks were dealing with smaller borrowers.
Despite appeals by Zoe, the refusal of protection was twice endorsed by the Supreme Court. A parade of high-profile developers went the same way as Zoe.
During these years, Kelly kept on top of a crippling workload, dealing with weekly Monopoly-style judgments against some of the country’s biggest developers, business people, politicians, lawyers, sporting and showbiz personalities, and others.
Consistently, Kelly, who was incredulous that banks had loaned and people borrowed such enormous sums, condemned “shoddy” lending practices and the abandonment of traditional rules based on the “three Cs” – credit, collateral and character.
He described the unfinished concrete shell on Dublin’s north quays, intended as Anglo’s showy new HQ before the bank’s collapse, as a “fitting tombstone” to the so-called Celtic Tiger.
‘Cod’ defences
Cases were processed speedily. If money was loaned, it should be repaid. He rejected what he called “cod” defences, often advanced on behalf of many desperate personal litigants on “advice” from self-styled lay “experts”. Those with an arguable defence got a hearing.
Marathon litigation involving Anglo Irish Bank and businessman Sean Quinn and his family took years, seeing Kelly handing out a record €2.2 billion summary judgment against a bankrupt Quinn, once Ireland's richest man.
When Quinn briefly appeared in court saying he was a “simple farmer’s son”, Kelly responded “I’m a simple man myself” before ruling Quinn could not defend the judgment application.
Kelly, ferociously independent, was central to establishing the Association of Judges in 2011, becoming its first chair. Just weeks before it was set up, a referendum to cut judges’ pay had been overwhelmingly approved.
Seeking a voice to speak for them following a rift with the government, Kelly and many judges had regarded the efforts to cut pay as an intrusion on judicial independence. There was no love lost between them and then minister for justice Alan Shatter.
Tensions simmered. Speaking at a private dinner in 2013 to senior business figures, Kelly accused the government of “demolishing judicial independence brick by brick”. His words brought headlines.
Shatter swiftly hit back, prompting talk of a “constitutional crisis”. The Association of Judges of Ireland (AJI) strongly supported Kelly. However, both sides quickly realised that the dispute could not continue. Ultimately, relations improved considerably after Shatter’s resignation.
Some Cabinet members had admired Kelly’s AJI negotiating skills. The pay row did not stop them promoting Kelly, first as a judge of the Court of Appeal in October 2014 and, in late 2015, as president of the High Court, the third most senior judicial position in the State.
Wards of court
During his tenure as High Court president, Kelly has overhauled the wards of court system as best he could with a Victorian-era system being phased out pending the delayed implementation of the 2015 Assisted Decision Making Capacity Act.
Cases have been reviewed that had not been looked at for years, while he brought back independent medical visitors to conduct capacity assessments, involved geriatricians and took steps to ensure wards had their voices heard.
Some critics argue that this approach involves an over-reliance on medical evidence and an under-recognition of individual autonomy. Others argue that Kelly has faced life or death concerns and was hampered by a lack of State support for the elderly.
His decisions have generally withstood appeal but the Supreme Court found last year, in a complex case, more notice of the wardship process should have been given to the elderly woman involved in the case with the effect her fair procedure rights were not vindicated.
Several wards, including young people battling chronic anorexia and their families, have thanked Kelly down the years. One woman deemed to have temporarily lost capacity as a result of a brain tumour, for whom Kelly permitted surgery against her wishes, came to court with chocolates afterwards to thank him. When she said she should have brought champagne, Kelly laughed and said: “I’m a teetotaller.”
Kelly, who is unmarried and lives in south Dublin, is unlikely to be inactive in retirement. He is heading a review of the civil law justice system, expected to report later this year. He is chairman of St Francis Hospice and the Edmund Rice Schools Trust, which took over schools formerly run by the Christian Brothers, and a member of the board of the Royal College of Surgeons in Ireland. A former member of the Bar Council choir, he is a lover of classical music, opera and Italian culture and is a frequent visitor to Rome, where he has an apartment. Socially, he is described as good fun and “up for a laugh”. “He has an excellent singing voice and a sharp, sometimes wicked, wit. He can take off anyone,” one barrister said.
Abbeylara judgment
Widely respected as one of the sharpest legal minds of his generation, Kelly leaves a legacy of many important judgments. He wrote the High Court Abbeylara judgment of 2001 declaring the Oireachtas had “no inherent power” to inquire into the shooting dead by gardaí of John Carthy in Abbeylara or any matter likely to lead to adverse findings against citizens who are not members of the Oireachtas. He authored landmark judgments concerning the right to civil legal aid and the sanctity of legal professional privilege, and was part of divisional High Courts that rejected separate important constitutional actions by former Rehab chief executive Angela Kerins and United Left TD Joan Collins.
He has an impressive work ethic and excellent administrative skills. The Commercial Court, under his stewardship, was marked by the European Commercial Judges Forum as the most efficient commercial court in the EU. Several of his decisions over the years demonstrated determination to have the State meet its constitutional obligations to vulnerable citizens. His early judicial career involved vindicating the rights of at-risk children and his later years saw him advocating for wards. In both lists, he held up a mirror to Ireland’s treatment of its most vulnerable citizens and exposed glaring deficiencies. The improved treatment of wards may be his most enduring legacy. “Before Kelly, people didn’t know wards existed, they were a forgotten people,” one solicitor said. He has done the State, but more particularly the people, some service.


theirishtimes--2020-06-16--Catholic Church says data laws ‘detrimental to efforts to safeguard children’

Current data protection legislation is a threat to the safety of children and has made their welfare difficult to guarantee , the Catholic Church ’ s child protection watchdog has said .
General Data Protection Regulation ( GDPR ) was introduced in 2018 .
The church ’ s National Board for Safeguarding Children , based at Maynooth , Co Kildare , said the current legislation was “ detrimental to the efforts to safeguard children ” .
It was also the case that due to the current legislation its “ inability to analyse and monitor allegations [ against priests ] is @ @ @ @ @ @ @ board , a significant loss to the Catholic Church ” .
The board said all its efforts to have the legislation changed and allow it do its child protection work have “ failed ” .
The observations were contained in the board ’ s annual report for 2019 .
It had “ made representations to Government Ministers , civil servants , Tusla and the Data Protection Commission in the Republic of Ireland , seeking support to have legislation amended to enable sensitive personal data to be shared with the national board on allegations @ @ @ @ @ @ @ have failed.
” It said the situation was similar for Northern Ireland .
The Catholic Church in Ireland – as with all main churches –is an all-island body , so the board ’ s remit extends to include Northern Ireland .
“ We have also engaged with the Department of Health in Northern Ireland and the safeguarding board for Northern Ireland .
But due to the suspension of the Northern Ireland Assembly at the time of the discussions , officials were unable to progress any discussions , but did indicate their support for @ @ @ @ @ @ @ in helping to keep children safe .
“ We will pursue this further now that a Minister has been appointed , and has taken office , ” it said .
It said that under the 2018 data protection legislation in the Republic , the board “ can not fulfil its monitoring function , track trends year to year , nor offer assurances that church bodies are consistently applying safeguarding standards in relation to their notification and management of cases outside the scope of a specific review of that church authority ” .
It @ @ @ @ @ @ @ allegations are still notified [ to the board ] , the information is anonymised and significant detail is removed .
As a direct result we can not advise with any certainty on whether reports we receive may also have been forwarded by another church authority , which would result in double-counting ” .
It said that for instance in 2019 , 116 notifications were forwarded to the national board .
It checked whether these had been notified to State authorities but “ beyond that we are not able to analyse the information , @ @ @ @ @ @ @ developing patterns or on the time period to which the allegations relate ” .
As it is required to report on its activities it has set out in the annual report for April 2019 to April 2020 , “ the range , type , and ‘ quantity ’ of advice offered ” during that year .
“ On 260 occasions , advice was requested by and offered to church personnel – broken down into advice offered to dioceses on 128 occasions ( 49 per cent ) ; to religious orders on 100 ( @ @ @ @ @ @ @ to independents on 32 occasions ( 12 per cent ) – “ independents ” include complainants of abuse ; those accused ; lay apostolates ; other church agencies ; and Irish missionaries working overseas ” , it said .

The Catholic Church’s child protection watchdog says current data protection legislation is a threat to the safety of children. Photograph: Getty Images
Current data protection legislation is a threat to the safety of children and has made their welfare difficult to guarantee, the Catholic Church’s child protection watchdog has said.
General Data Protection Regulation (GDPR) was introduced in 2018. The church's National Board for Safeguarding Children, based at Maynooth, Co Kildare, said the current legislation was "detrimental to the efforts to safeguard children".
It was also the case that due to the current legislation its “inability to analyse and monitor allegations [against priests] is, in the view of the national board, a significant loss to the Catholic Church”.
The board said all its efforts to have the legislation changed and allow it do its child protection work have “failed”.
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The observations were contained in the board’s annual report for 2019.
It had "made representations to Government Ministers, civil servants, Tusla and the Data Protection Commission in the Republic of Ireland, seeking support to have legislation amended to enable sensitive personal data to be shared with the national board on allegations against clerics and religious. These efforts have failed."
It said the situation was similar for Northern Ireland. The Catholic Church in Ireland – as with all main churches –is an all-island body, so the board's remit extends to include Northern Ireland.
"We have also engaged with the Department of Health in Northern Ireland and the safeguarding board for Northern Ireland. But due to the suspension of the Northern Ireland Assembly at the time of the discussions, officials were unable to progress any discussions, but did indicate their support for the important work of the national board in helping to keep children safe.
“We will pursue this further now that a Minister has been appointed, and has taken office,” it said.
It said that under the 2018 data protection legislation in the Republic, the board “cannot fulfil its monitoring function, track trends year to year, nor offer assurances that church bodies are consistently applying safeguarding standards in relation to their notification and management of cases outside the scope of a specific review of that church authority”.
Detail removed
It was also the case that “while allegations are still notified [to the board], the information is anonymised and significant detail is removed. As a direct result we cannot advise with any certainty on whether reports we receive may also have been forwarded by another church authority,which would result in double-counting”.
It said that for instance in 2019, 116 notifications were forwarded to the national board. It checked whether these had been notified to State authorities but “beyond that we are not able to analyse the information, and therefore cannot offer comment on developing patterns or on the time period to which the allegations relate”.
As it is required to report on its activities it has set out in the annual report for April 2019 to April 2020, “the range, type, and ‘quantity’ of advice offered” during that year.
“On 260 occasions, advice was requested by and offered to church personnel – broken down into advice offered to dioceses on 128 occasions (49 per cent); to religious orders on 100 (39 per cent) occasions; and to independents on 32 occasions (12 per cent) – “independents” include complainants of abuse; those accused; lay apostolates; other church agencies; and Irish missionaries working overseas”, it said.


theirishtimes--2020-06-16--Bridge notes: Sligo’s Yeats Country online congress an outstanding success

The current Irish national squad of Tom Hanlon , Hugh McGann , Nick FitzGibbon , Adam Mesbur , John Carroll and Mark Moran won the June invitational online team contest at the weekend , but it was only on the last deal of the 36-board final that they got the better of Derek O ’ Gorman , Louise Mitchell , Pat Quinn , Donal Garvey , and Micheál and Pádraig Ó Briain .
The winners started the final 12-deal segment a single point in front but O ’ Gorman gained 16 points over the first two deals of the last @ @ @ @ @ @ @ lead was gradually whittled down until a margin of only five points remained with one to be played .
The decider was a well-bid diamond game by Hanlon and McGann , brought home by Hanlon but not reached by their opponents at the other table .
The winning margin was five points .
O ’ Gorman had headed the Swiss-movement qualifying rounds which were contested by 20 top-level teams from which only the leading four advanced to knockout rounds .
In the semi-finals , Hanlon defeated Gay Keaveney , Enda Glynn , Donal @ @ @ @ @ @ @ and David Walsh by 12 points while O ’ Gorman had an easy victory over the only four-player team in the knockout matches , Maureen and Bob Pattinson , Barbara and Barry Stoker .
Sligo ’ s Yeats Country online congress was an outstanding success with entries far exceeding the numbers in the normal on-site event .
A substantial sum was raised for hospice foundations in Limerick , Sligo and Dublin .
The intermediate A pairs event resulted in what is probably a record-winning margin in a pairs competition : almost 10 percentage @ @ @ @ @ @ @ over their nearest opponents .
In contrast , Bernie Murray and Vivienne Cosgrove took the intermediate B pairs by less than a tenth of a point .
The congress attracted a number of UK competitors .
Dublin ’ s Regent Bridge Club mid-summer festival pairs competitions will be contested on the Bridge Base internet site next Sunday , starting at 7.30pm .
There will be four separate competitions for grand , life and national master ; regional master ; area master and intermediate grades .
On Sunday , June 28th , the Regent @ @ @ @ @ @ @ for female and male players respectively to commemorate the late Barbara and Don Seligman , who were among Ireland ’ s leading players for several decades beginning in the 1960s .
Details of how to enter these events may be found at bridgewebs.com/regent .

The current Irish national squad of Tom Hanlon, Hugh McGann, Nick FitzGibbon, Adam Mesbur, John Carroll and Mark Moran won the June invitational online team contest at the weekend, but it was only on the last deal of the 36-board final that they got the better of Derek O’Gorman, Louise Mitchell, Pat Quinn, Donal Garvey, and Micheál and Pádraig Ó Briain.
The winners started the final 12-deal segment a single point in front but O’Gorman gained 16 points over the first two deals of the last set to lead by 15. This lead was gradually whittled down until a margin of only five points remained with one to be played. The decider was a well-bid diamond game by Hanlon and McGann, brought home by Hanlon but not reached by their opponents at the other table. The winning margin was five points.
O’Gorman had headed the Swiss-movement qualifying rounds which were contested by 20 top-level teams from which only the leading four advanced to knockout rounds. In the semi-finals, Hanlon defeated Gay Keaveney, Enda Glynn, Donal McAonghusa, Tommy Garvey, Ciarán Coyne and David Walsh by 12 points while O’Gorman had an easy victory over the only four-player team in the knockout matches, Maureen and Bob Pattinson, Barbara and Barry Stoker.
Sligo’s Yeats Country online congress was an outstanding success with entries far exceeding the numbers in the normal on-site event. A substantial sum was raised for hospice foundations in Limerick, Sligo and Dublin. The intermediate A pairs event resulted in what is probably a record-winning margin in a pairs competition: almost 10 percentage points by Anne Hegarty and Freddy Murphy over their nearest opponents. In contrast, Bernie Murray and Vivienne Cosgrove took the intermediate B pairs by less than a tenth of a point. The congress attracted a number of UK competitors.
READ MORE
Dublin's Regent Bridge Club mid-summer festival pairs competitions will be contested on the Bridge Base internet site next Sunday, starting at 7.30pm. There will be four separate competitions for grand, life and national master; regional master; area master and intermediate grades. On Sunday, June 28th, the Regent will organise two separate two-session pairs competitions for female and male players respectively to commemorate the late Barbara and Don Seligman, who were among Ireland's leading players for several decades beginning in the 1960s. Details of how to enter these events may be found at bridgewebs.com/regent.


theirishtimes--2020-06-15--State ‘paying €1.60 on social welfare for every €1 raised in income tax’

For every euro the State is likely to raise in income tax this year it will pay out about €1.60 on social welfare , the Oireachtas committee on Covid-19 is expected to be told on Tuesday .
The secretary general of the Department of Employment Affairs and Social Protection John McKeon is likely to say that it will spend the equivalent of more than €15,000 for each worker and that it will exceed its original budget by more than €10 billion .
The secretary general of the Department of Public Expenditure and Reform Robert Watt is expected to warn that @ @ @ @ @ @ @ , for example , could see a [ Government ] deficit of up to €30 billion this year ” .
He will warn that while interest rates were low at present “ over the medium to long term Ireland , will be issuing and refinancing debt against a less favourable backdrop ” .
The ESRI is expected to tell the committee that while borrowing is the appropriate response where a deficit is cyclical , “ an enhanced role ” for the State will have to mean higher taxes .
“ Though the precise @ @ @ @ @ @ @ an open question , an increase in the total tax take is likely to be needed.
” The Irish Fiscal Advisory Council will say that as the economy exits lockdown , a sizeable stimulus would help the recovery .
“ However , some adjustments are likely to be needed down the line to get the debt ratio on a safe downward path again.
” Officials from the Department of Social Protection and the Department of Public Expenditure are appearing before the committee just as the numbers receiving the State ’ s special Covid-19 @ @ @ @ @ @ @ mark .
In an opening statement to the committee , Mr Watt will say measures introduced to date by the Government have helped in supporting the economy during the initial phase of the pandemic when economic activity collapsed .
“ As the economy resumes , the focus of policy has moved to supporting this reopening .
The next phase of response will have to consider measures that can support economic activity .
The suite of liquidity supports in place and the range of further enterprise measures will be critical.
” “ In addition @ @ @ @ @ @ @ measures that can boost demand and activity such as infrastructure investment or measures to stimulate consumer spending .
Any additional public investment could also play a role in meeting other priorities in areas such as housing and climate .
There will also be a central role for the suite of training and activation supports which can assist people in moving into employment as the economy reopens.
” In his opening statement , Mr McKeon will say there is “ no doubt but that the measures taken to flatten the peak and reduce the @ @ @ @ @ @ @ health services had the effect of transferring that peak into the labour market and that demand onto the department ’ s jobseeker supports ” .
Mr McKeon will say it was encouraging that from a peak of more than 600,000 payments at cost of over €210 million per week , the numbers receiving the pandemic unemployment payment had fallen back to 499,000 , at a cost of about €175 million .
The department ’ s focus was “ now turning towards helping people whose employment doesn ’ t recover ” .
On Monday @ @ @ @ @ @ @ Social Protection said 498,700 people would receive the €350 Covid-19 unemployment payment this week , a reduction of 18,900 on the figure for last week .
The department said that over the last week 33,000 people had closed their claim for a payment .
It said 27,600 people had reported that they would be returning to work .

The secretary general of the Department of Public Expenditure and Reform Robert Watt is expected to warn that ‘a delayed recovery in the economy, for example, could see a deficit of up to €30bn this year’. File photograph: Aidan Crawley
For every euro the State is likely to raise in income tax this year it will pay out about €1.60 on social welfare, the Oireachtas committee on Covid-19 is expected to be told on Tuesday.
The secretary general of the Department of Employment Affairs and Social Protection John McKeon is likely to say that it will spend the equivalent of more than €15,000 for each worker and that it will exceed its original budget by more than €10 billion.
The secretary general of the Department of Public Expenditure and Reform Robert Watt is expected to warn that "a delayed recovery in the economy, for example, could see a [Government] deficit of up to €30 billion this year".
He will warn that while interest rates were low at present "over the medium to long term Ireland, will be issuing and refinancing debt against a less favourable backdrop".
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The ESRI is expected to tell the committee that while borrowing is the appropriate response where a deficit is cyclical, “an enhanced role” for the State will have to mean higher taxes. “Though the precise source and structure of those taxes is an open question, an increase in the total tax take is likely to be needed.”
The Irish Fiscal Advisory Council will say that as the economy exits lockdown, a sizeable stimulus would help the recovery. "However, some adjustments are likely to be needed down the line to get the debt ratio on a safe downward path again."
Officials from the Department of Social Protection and the Department of Public Expenditure are appearing before the committee just as the numbers receiving the State's special Covid-19 unemployment payments have fallen below the 500,000 mark.
‘Boost demand’
In an opening statement to the committee, Mr Watt will say measures introduced to date by the Government have helped in supporting the economy during the initial phase of the pandemic when economic activity collapsed.
“As the economy resumes, the focus of policy has moved to supporting this reopening. The next phase of response will have to consider measures that can support economic activity. The suite of liquidity supports in place and the range of further enterprise measures will be critical.”
“In addition, there may be merit in considering measures that can boost demand and activity such as infrastructure investment or measures to stimulate consumer spending. Any additional public investment could also play a role in meeting other priorities in areas such as housing and climate. There will also be a central role for the suite of training and activation supports which can assist people in moving into employment as the economy reopens.”
In his opening statement, Mr McKeon will say there is “no doubt but that the measures taken to flatten the peak and reduce the impact of the pandemic on demand for health services had the effect of transferring that peak into the labour market and that demand onto the department’s jobseeker supports”.
Mr McKeon will say it was encouraging that from a peak of more than 600,000 payments at cost of over €210 million per week, the numbers receiving the pandemic unemployment payment had fallen back to 499,000, at a cost of about €175 million. The department’s focus was “now turning towards helping people whose employment doesn’t recover”.
On Monday, the Department of Employment Affairs and Social Protection said 498,700 people would receive the €350 Covid-19 unemployment payment this week, a reduction of 18,900 on the figure for last week.
The department said that over the last week 33,000 people had closed their claim for a payment. It said 27,600 people had reported that they would be returning to work.


theirishtimes--2020-06-15--Green deputy leader backs ‘best achievable’ programme for government

Fianna Fáil , Fine Gael and Green TDs and Senators all gave their backing to the draft programme for government agreed between their three parties last night , with their wider party organisations now set to give their verdict on the five-year plan .
The three parliamentary parties all backed the deal at separate meetings , although three of the 12 Green Party TDs abstained .
However , crucially , Catherine Martin , the Green Party deputy leader , supported the deal .
Ms Martin is challenging Eamon Ryan for the leadership of the party .
The Dublin Rathdown TD @ @ @ @ @ @ @ support is seen as pivotal to securing the required two-thirds support of rank-and-file Green members in order for the party to enter government .
In a statement released after the meeting , Ms Martin said : “ There were never going to be , nor could there have been , outright winners in these negotiations and clearly we did not get everything we sought .
I am however satisfied that the deal negotiated was the best achievable and that it includes some worthwhile and transformative policies .
“ If the Green Party enters @ @ @ @ @ @ @ with verifiable implementation of our policies .
No member of the Green Party would wish to belong to a government that ’ s not enthusiastically and realistically delivering a green agenda .
It is vital to ensure that our party ’ s independence and core values are never undermined or weakened by participation in government.
” The Green TDs who abstained were Francis Noel Duffy , Patrick Costello and Neasa Hourigan .
Fianna Fáil and the Greens will seek the assent of their members on a one member , one vote basis , @ @ @ @ @ @ @ process will be on the basis of an electoral college .
It is estimated that about 15,000 Fianna Fáil members will be entitled to vote , and about 2,500 in the Greens .
The Greens will hold a video conference to discuss the deal this Thursday .
Fine Gael TDs , Senators and MEPs make up 50 per cent of the voting strength , followed by 25 per cent for constituency delegates , 15 per cent for councillors and 10 per cent for the executive council .
Ballot papers will be issued in @ @ @ @ @ @ @ of each contest expected to be announced on Friday , June 26th .
Sources said it is then likely , if the deal passes each party , that the Dáil will sit on Saturday , June 27th , to elect Micheál Martin taoiseach .
The programme for government says that Mr Martin will serve as taoiseach until December 15th , 2022 , when the Fine Gael leader will then take over the role .
Speaking after his own party meeting last night , Mr Martin said the deal would now go to the @ @ @ @ @ @ @ a “ very strong endorsement ” from his party .
He said there were strong contributions at a meeting of the parliamentary party in relation to housing , agriculture and farming .
There was also support for the investment in cycling , railways and greenways .
Mr Martin said he was receiving strong messages of support from members of the party in constituencies across the country .
“ One of the messages emanating from the parliamentary party meeting this evening was that the TDs and Senators want to go out there now and @ @ @ @ @ @ @ members of the strength of this document , its relevance to where people are today in their lives , and the need to get it passed , and a government formed.
” Mr Varadkar said a Fine Gael taoiseach would lead this government into the next election in 2025 .
He also highlighted what he said was a strong package on jobs , the economy and tax in the deal .

President of Sinn Féin Mary Lou McDonald said the government talks can "delay change but they can't stop it", while government ministers have defended the program as both "credible and ambitious".
Fianna Fáil, Fine Gael and Green TDs and Senators all gave their backing to the draft programme for government agreed between their three parties last night, with their wider party organisations now set to give their verdict on the five-year plan.
The three parliamentary parties all backed the deal at separate meetings, although three of the 12 Green Party TDs abstained.
However, crucially, Catherine Martin, the Green Party deputy leader, supported the deal. Ms Martin is challenging Eamon Ryan for the leadership of the party.
The Dublin Rathdown TD led the Green negotiating team and her support is seen as pivotal to securing the required two-thirds support of rank-and-file Green members in order for the party to enter government.
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In a statement released after the meeting, Ms Martin said: “There were never going to be, nor could there have been, outright winners in these negotiations and clearly we did not get everything we sought. I am however satisfied that the deal negotiated was the best achievable and that it includes some worthwhile and transformative policies.
“If the Green Party enters government, our overriding concern will be with verifiable implementation of our policies. No member of the Green Party would wish to belong to a government that’s not enthusiastically and realistically delivering a green agenda. It is vital to ensure that our party’s independence and core values are never undermined or weakened by participation in government.”
The Green TDs who abstained were Francis Noel Duffy, Patrick Costello and Neasa Hourigan.
Internal ratification
Fianna Fáil and the Greens will seek the assent of their members on a one member, one vote basis, while Fine Gael's internal ratification process will be on the basis of an electoral college. It is estimated that about 15,000 Fianna Fáil members will be entitled to vote, and about 2,500 in the Greens. The Greens will hold a video conference to discuss the deal this Thursday.
It is expected Fianna Fáil leader Micheál Martin will be elected taoiseach on June 27th, if parties support programme for government. Photograph: Dara Mac Donaill
Fine Gael TDs, Senators and MEPs make up 50 per cent of the voting strength, followed by 25 per cent for constituency delegates, 15 per cent for councillors and 10 per cent for the executive council.
Ballot papers will be issued in the coming days, with the results of each contest expected to be announced on Friday, June 26th.
Sources said it is then likely, if the deal passes each party, that the Dáil will sit on Saturday, June 27th, to elect Micheál Martin taoiseach.
The programme for government says that Mr Martin will serve as taoiseach until December 15th, 2022, when the Fine Gael leader will then take over the role.
Speaking after his own party meeting last night, Mr Martin said the deal would now go to the party membership for a postal vote after a “very strong endorsement” from his party.
He said there were strong contributions at a meeting of the parliamentary party in relation to housing, agriculture and farming. There was also support for the investment in cycling, railways and greenways.
Mr Martin said he was receiving strong messages of support from members of the party in constituencies across the country.
“One of the messages emanating from the parliamentary party meeting this evening was that the TDs and Senators want to go out there now and engage with the membership to persuade the members of the strength of this document, its relevance to where people are today in their lives, and the need to get it passed, and a government formed.”
Mr Varadkar said a Fine Gael taoiseach would lead this government into the next election in 2025. He also highlighted what he said was a strong package on jobs, the economy and tax in the deal.