theirishtimes--2020-07-16--Ian Bailey’s lawyers question why France took 22 years to hold du Plantier murder trial

Lawyers for Ian Bailey have questioned why it took French authorities 22 years to hold a trial for the murder of filmmaker Sophie Toscan du Plantier in the Englishman ’ s absence .
Earlier , the judge presiding over the extradition hearing Mr Justice Paul Burns expressed his condolences to the family of Ms du Plantier , whose badly beaten body was found outside her holiday home in Schull nearly 24 years ago .
Addressing the court , the judge said that court hearings of any kind are distressing but the “ dry nature ” of these extradition proceedings should @ @ @ @ @ @ @ the tragic nature of Ms du Plantier ’ s death .
Mr Bailey is wanted in France to face a 25-year prison sentence for the murder of Ms du Plantier and the three-day extradition hearing commenced on Wednesday in the Irish High Court .
It is the third time French authorities are seeking Mr Bailey ’ s surrender in relation to the mother-of-one ’ s death in Schull in December 1996 .
The Englishman ( 63 ) , with an address at The Prairie , Liscaha , Schull , west Cork , was @ @ @ @ @ @ @ murder in his absence in a Paris court in May 2019 .
The three-judge Cour d ’ Assises ( criminal trial court ) in Paris accordingly imposed a 25-year prison sentence on Mr Bailey in his absence .
Mr Bailey , who denies any involvement in Ms du Plantier ’ s death , did not attend the French court and had no legal representation in the proceedings , which he has described as a “ farce ” .
In a sworn affidavit to the High Court , Mr Bailey said he had nothing @ @ @ @ @ @ @ du Plantier .
He said that whilst he has not been the subject of criminal court proceedings in Ireland , he has been subject to the criminal process and his standing had suffered greatly in the small rural community where he lives .
He tries not to dwell “ on being hunted ” and writing poetry has had a cathartic effect on him , he said .
Mr Bailey was arrested at the Criminal Courts of Justice Building on foot of a European Arrest Warrant in December 2019 .
He was remanded on @ @ @ @ @ @ @ endorsed the third European Arrest Warrant ( EAW ) seeking his extradition to France .
At the outset of Thursday ’ s hearing , Mr Justice Burns inquired if there were any members of Ms du Plantier ’ s family in court and a legal representative for the family raised her hand .
The judge said the nature of extradition law can seem “ cold and dry ” and observed that court hearings of any kind are distressing .
However , the judge said that these extradition proceedings should not be taken that @ @ @ @ @ @ @ Ms du Plantier ’ s death .
Mr Justice Burns expressed his condolences to the family of Ms du Plantier but pointed out that the court must deal with the law .
Counsel for the State , Ronan Munro SC , said he shared in acknowledging the tragedy that had happened .
Opposing an application for Mr Bailey ’ s surrender to France for a second day , Mr Munro said it would not have made any difference to his client if the Criminal Law ( Extraterritorial Jurisdiction ) Act 2019 had applied @ @ @ @ @ @ @ that the French authorities lost the entitlement to mount a further attempt to extradite his client in 2017 , when the High Court dismissed the second extradition request in respect of Mr Bailey as an “ abuse of process ” .
Mr Munro said the second extradition attempt by the French authorities was a “ deliberate decision ” and a “ tactical ploy ” .
“ Very little consideration has been given to the prejudicial effect on Mr Bailey which was doomed to fail and it was a direct assault of the decision @ @ @ @ @ @ @ ” continued Mr Munro , adding that the second request was basically saying that the Irish Supreme Court had got it wrong .
The lawyer said that when “ the gamble ” was taken to issue a second extradition request against Mr Bailey in 2017 , which the French authorities had lost , it “ forever closed the door ” on future extradition requests being issued against him .
“ That was the turning point and now they have lost the right , ” he added .
Mr Munro said it seemed that @ @ @ @ @ @ @ stop .
“ If Mr Bailey is not treated equally it becomes abusive and that is why we are here to restore equality and eliminate the abuse , ” he remarked .
In summary , counsel said the abuse of process against his client was only getting worse .
“ This court should put a stop to it and find it ’ s an abuse of process and let Mr Bailey get on with his life and let the police get on with their job , ” he concluded .
On Thursday afternoon @ @ @ @ @ @ @ for Mr Bailey , invited the court to find that there had been “ inordinate , excessive and culpable delay ” on the part of the issuing State to put Mr Bailey on trial , which he said remained unexplained .
He said the French investigation had commenced in April 1997 , when they started looking for information from Ireland .
A time must come where the lapse of time is excessive , he pointed out .
Furthermore , the lawyer highlighted that it had been 24 years since the criminal investigation had @ @ @ @ @ @ @ was refused by the Supreme Court in 2012 to extradite Mr Bailey , he said .
He added that Mr Bailey had been living openly in Ireland during that time and there was no question of him evading justice .
Mr Conlan Smyth also argued that no explanation had been provided by the French authorities as to why it had taken 22 years to hold a trial in his absence in a Paris court .
He said the last EAW was doomed to fail and questioned why the trial in Mr Bailey ’ @ @ @ @ @ @ @ extradition request in 2017 .
It was important to note that neither Mr Bailey or his solicitor Frank Buttimer were contacted by any French authorities involved in the Paris trial in May 2019 , he said .
Mr Buttimer said in his affidavit that he only became aware through media reports in 2019 that French authorities were interested in prosecuting Mr Bailey , said the lawyer .
“ At what point does the EAW become so oppressive and burdensome that there is a breach of Article 6 rights .
We say that date @ @ @ @ @ @ @ no end to the amount of applications that can be brought , ” he argued .
He also said it was of significant concern whether witnesses will travel to France to give evidence at Mr Bailey ’ s proposed trial in France if he was extradited and asked the court to have regard to that matter when deciding if his surrender should be allowed .
In reply , Counsel for the Minister , Robert Barron SC , said there was no such thing as a “ vested right ” not to be surrendered @ @ @ @ @ @ @ submitted that his client had an “ ironclad and unassailed right ” not to be surrendered to France .
Mr Barron further submitted that the Criminal Law ( Extraterritorial Jurisdiction ) Act 2019 could be applied to alleged offences committed before 2019 .
He will continue his legal submissions tomorrow .
French authorities previously sought the surrender of Mr Bailey in 2010 but this application was refused by the Supreme Court in 2012 , which held that section 44 of the European Arrest Warrant Act 2003 prohibited surrender because the alleged offence was @ @ @ @ @ @ @ did not allow prosecution for the same offence when committed outside its territory by a non-Irish citizen .
Mr Bailey is a British citizen .
A second French extradition request in respect of Mr Bailey was dismissed as an “ abuse of process ” by the High Court in July 2017 .
On that occasion , Mr Justice Tony Hunt held that the “ unique features ” of the case justified “ termination ” of the proceedings .
He said the Minister was “ stopped ” or halted from obtaining an order for @ @ @ @ @ @ @ of the Supreme Court ’ s judgement in 2012 on identical relevant facts .
Mr Bailey and filmmaker Jim Sheridan were present in court for today ’ s hearing .
Mr Barron will continue his legal submissions before Mr Justice Burns tomorrow .

Ian Bailey arrives at the High Court in Dublin for the second day of his latest extradition case. Photograph : Laura Hutton
Lawyers for Ian Bailey have questioned why it took French authorities 22 years to hold a trial for the murder of filmmaker Sophie Toscan du Plantier in the Englishman’s absence.
Earlier, the judge presiding over the extradition hearing Mr Justice Paul Burns expressed his condolences to the family of Ms du Plantier, whose badly beaten body was found outside her holiday home in Schull nearly 24 years ago.
Addressing the court, the judge said that court hearings of any kind are distressing but the “dry nature” of these extradition proceedings should not be taken that anyone has forgotten the tragic nature of Ms du Plantier’s death.
Mr Bailey is wanted in France to face a 25-year prison sentence for the murder of Ms du Plantier and the three-day extradition hearing commenced on Wednesday in the Irish High Court. It is the third time French authorities are seeking Mr Bailey’s surrender in relation to the mother-of-one’s death in Schull in December 1996.
READ MORE
The Englishman (63), with an address at The Prairie, Liscaha, Schull, west Cork, was convicted of the French woman’s murder in his absence in a Paris court in May 2019. The three-judge Cour d’Assises (criminal trial court) in Paris accordingly imposed a 25-year prison sentence on Mr Bailey in his absence. Mr Bailey, who denies any involvement in Ms du Plantier’s death, did not attend the French court and had no legal representation in the proceedings, which he has described as a “farce”.
In a sworn affidavit to the High Court, Mr Bailey said he had nothing to do with the murder of Ms du Plantier. He said that whilst he has not been the subject of criminal court proceedings in Ireland, he has been subject to the criminal process and his standing had suffered greatly in the small rural community where he lives. He tries not to dwell “on being hunted” and writing poetry has had a cathartic effect on him, he said.
Mr Bailey was arrested at the Criminal Courts of Justice Building on foot of a European Arrest Warrant in December 2019. He was remanded on bail after a High Court judge subsequently endorsed the third European Arrest Warrant (EAW) seeking his extradition to France.
At the outset of Thursday’s hearing, Mr Justice Burns inquired if there were any members of Ms du Plantier’s family in court and a legal representative for the family raised her hand. The judge said the nature of extradition law can seem “cold and dry” and observed that court hearings of any kind are distressing. However, the judge said that these extradition proceedings should not be taken that anyone has forgotten the tragic nature of Ms du Plantier’s death.
Mr Justice Burns expressed his condolences to the family of Ms du Plantier but pointed out that the court must deal with the law. Counsel for the State, Ronan Munro SC, said he shared in acknowledging the tragedy that had happened.
Opposing an application for Mr Bailey’s surrender to France for a second day, Mr Munro said it would not have made any difference to his client if the Criminal Law (Extraterritorial Jurisdiction) Act 2019 had applied in the 1990s. The barrister argued that the French authorities lost the entitlement to mount a further attempt to extradite his client in 2017, when the High Court dismissed the second extradition request in respect of Mr Bailey as an “abuse of process”.
Mr Munro said the second extradition attempt by the French authorities was a “deliberate decision” and a “tactical ploy”. “Very little consideration has been given to the prejudicial effect on Mr Bailey which was doomed to fail and it was a direct assault of the decision of the Supreme Court in 2012,” continued Mr Munro, adding that the second request was basically saying that the Irish Supreme Court had got it wrong.
The lawyer said that when “the gamble” was taken to issue a second extradition request against Mr Bailey in 2017, which the French authorities had lost, it “forever closed the door” on future extradition requests being issued against him. “That was the turning point and now they have lost the right,” he added.
Mr Munro said it seemed that the EAWs against his client would never stop. “If Mr Bailey is not treated equally it becomes abusive and that is why we are here to restore equality and eliminate the abuse,” he remarked.
In summary, counsel said the abuse of process against his client was only getting worse. “This court should put a stop to it and find it’s an abuse of process and let Mr Bailey get on with his life and let the police get on with their job,” he concluded.
On Thursday afternoon, David Conlan Smyth SC, also for Mr Bailey, invited the court to find that there had been “inordinate, excessive and culpable delay” on the part of the issuing State to put Mr Bailey on trial, which he said remained unexplained. He said the French investigation had commenced in April 1997, when they started looking for information from Ireland. A time must come where the lapse of time is excessive, he pointed out.
Furthermore, the lawyer highlighted that it had been 24 years since the criminal investigation had commenced and seven years since the application was refused by the Supreme Court in 2012 to extradite Mr Bailey, he said. He added that Mr Bailey had been living openly in Ireland during that time and there was no question of him evading justice.
Mr Conlan Smyth also argued that no explanation had been provided by the French authorities as to why it had taken 22 years to hold a trial in his absence in a Paris court.
He said the last EAW was doomed to fail and questioned why the trial in Mr Bailey’s absence was held after the last extradition request in 2017. It was important to note that neither Mr Bailey or his solicitor Frank Buttimer were contacted by any French authorities involved in the Paris trial in May 2019, he said. Mr Buttimer said in his affidavit that he only became aware through media reports in 2019 that French authorities were interested in prosecuting Mr Bailey, said the lawyer.
“At what point does the EAW become so oppressive and burdensome that there is a breach of Article 6 rights. We say that date has long since passed. There is no end to the amount of applications that can be brought,” he argued.
He also said it was of significant concern whether witnesses will travel to France to give evidence at Mr Bailey’s proposed trial in France if he was extradited and asked the court to have regard to that matter when deciding if his surrender should be allowed.
In reply, Counsel for the Minister, Robert Barron SC, said there was no such thing as a “vested right” not to be surrendered to France. Yesterday, Mr Munro submitted that his client had an “ironclad and unassailed right” not to be surrendered to France.
Mr Barron further submitted that the Criminal Law (Extraterritorial Jurisdiction) Act 2019 could be applied to alleged offences committed before 2019. He will continue his legal submissions tomorrow.
French authorities previously sought the surrender of Mr Bailey in 2010 but this application was refused by the Supreme Court in 2012, which held that section 44 of the European Arrest Warrant Act 2003 prohibited surrender because the alleged offence was committed outside French territory and Irish law did not allow prosecution for the same offence when committed outside its territory by a non-Irish citizen. Mr Bailey is a British citizen.
A second French extradition request in respect of Mr Bailey was dismissed as an “abuse of process” by the High Court in July 2017. On that occasion, Mr Justice Tony Hunt held that the “unique features” of the case justified “termination” of the proceedings. He said the Minister was “stopped” or halted from obtaining an order for Mr Bailey’s surrender in light of the Supreme Court’s judgement in 2012 on identical relevant facts.
Mr Bailey and filmmaker Jim Sheridan were present in court for today’s hearing. Mr Barron will continue his legal submissions before Mr Justice Burns tomorrow.


theirishtimes--2020-07-16--Burglar caught after falling asleep during house break-in

A burglar who was caught after he fell asleep half way through a home break-in has received a prison sentence .
Carlos Daly ( 51 ) had consumed two trays of anti-anxiety tablets Tranax before breaking into the basement flat on Tivoli terrace south in Dublin city centre .
Garda Peter Daly told Judge Martin Nolan that the defendant went into the house to steal items but “ the tablets kicked in and he passed out ” .
Daly was woken by gardaí who had come to house after the resident found Daly asleep .
He appeared groggy and gardaí @ @ @ @ @ @ @ .
When gardaí arrived at the station they found Daly had left a number of items which had been stolen from the house in the footwell of the car .
These included two jewellery boxes and a mobile phone .
Daly told them that the previous night he had been arrested for a public order offence and when he was released he had nowhere else to go .
He said he broke into the basement flat and when he entered the bedroom he fell asleep .
He said he woke up the next @ @ @ @ @ @ @ in the neck .
Daly of Peter Mc Verry Trust , Charlemont Street , Dublin admitted burglary on June 26th , 2018 .
He also admitted breaking into a car and stealing from a second car on the same night .
He has over 50 previous convictions for burglary .
Luigi Rea BL , defending , said his client is a father of four , who worked as a security officer for nine years and who lived a blameless life until he began smoking heroin .
Judge Martin Nolan accepted that Daly ’ @ @ @ @ @ @ @ his offending but said that burglary is always serious .
He said as burglaries go this offence was at the lower end and there was no element of violence .
He imposed a prison term of two and a half years .

Judge Martin Nolan accepted that Daly’s drug addiction was the root of his offending but said that burglary is always serious
A burglar who was caught after he fell asleep half way through a home break-in has received a prison sentence.
Carlos Daly (51) had consumed two trays of anti-anxiety tablets Tranax before breaking into the basement flat on Tivoli terrace south in Dublin city centre.
Garda Peter Daly told Judge Martin Nolan that the defendant went into the house to steal items but “the tablets kicked in and he passed out”.
Daly was woken by gardaí who had come to house after the resident found Daly asleep. He appeared groggy and gardaí took him away in a patrol car.
READ MORE
When gardaí arrived at the station they found Daly had left a number of items which had been stolen from the house in the footwell of the car. These included two jewellery boxes and a mobile phone.
Daly told them that the previous night he had been arrested for a public order offence and when he was released he had nowhere else to go.
He said he broke into the basement flat and when he entered the bedroom he fell asleep. He said he woke up the next morning when he felt something hitting him in the neck.
Daly of Peter Mc Verry Trust, Charlemont Street, Dublin admitted burglary on June 26th, 2018. He also admitted breaking into a car and stealing from a second car on the same night.
He has over 50 previous convictions for burglary.
Luigi Rea BL, defending, said his client is a father of four, who worked as a security officer for nine years and who lived a blameless life until he began smoking heroin.
Judge Martin Nolan accepted that Daly’s drug addiction was the root of his offending but said that burglary is always serious.
He said as burglaries go this offence was at the lower end and there was no element of violence.
He imposed a prison term of two and a half years.


theirishtimes--2020-07-16--Second ever woman elected to chair of Bar Council

Maura McNally SC has been elected Chair of the Council of The Bar of Ireland , the second-ever female head of the body that represents the bulk of the State ’ s barristers .
She follows in the footsteps of the late Ms Justice Mella Carroll , who was elected chair of the Bar council 41 years ago .
A Leitrim native , Ms McNally was called to the Bar in 1992 , and practised on circuit until her appointment to the Inner Bar in 2017 .
She said she was looking forward , with the support of the new @ @ @ @ @ @ @ to the administration of justice and the role of the profession within it .
It was a time when there were significant challenges on the horizon for the profession and the wider justice field , not least from the fallout from Covid-19 and Brexit , she said .
Following post-graduate studies in Warwick University ( LLM ) , and UCG ( BA & LLB ) , Ms McNally completed her Bachelors of Law in King ’ s Inns .
She practices civil law , primarily in personal injury , chancery and non-jury .
@ @ @ @ @ @ @ 31st , 2021 , and takes over at the end of this month from the outgoing chair , Micheál P O ’ Higgins SC .

Maura McNally SC has been elected Chair of the Council of The Bar of Ireland, the second-ever female head of the body that represents the bulk of the State's barristers.
She follows in the footsteps of the late Ms Justice Mella Carroll, who was elected chair of the Bar council 41 years ago.
A Leitrim native, Ms McNally was called to the Bar in 1992, and practised on circuit until her appointment to the Inner Bar in 2017.
She said she was looking forward, with the support of the new council, to making an important contribution to the administration of justice and the role of the profession within it.
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It was a time when there were significant challenges on the horizon for the profession and the wider justice field, not least from the fallout from Covid-19 and Brexit, she said.
Following post-graduate studies in Warwick University (LLM), and UCG (BA & LLB), Ms McNally completed her Bachelors of Law in King’s Inns.
She practices civil law, primarily in personal injury, chancery and non-jury. She will chair the council to July 31st, 2021, and takes over at the end of this month from the outgoing chair, Micheál P O’Higgins SC.


theirishtimes--2020-07-16--Garda Commissioner disputes claim of journalistic privilege

A provincial newspaper editor seeking the quashing of a search warrant forcing him to hand over his phone to gardaí has advanced a “ very thin ” claim for journalistic privilege , the High Court has been told .
Frank Callanan SC , for the Garda Commissioner , was opposing an action by Emmett Corcoran , editor of the Strokestown , Co Roscommon-based “ The Democrat ” , over the search of his home and seizure of his phone in April 2019 .
The phone was seized as part of a Garda investigation into violence at a house in Strokestown @ @ @ @ @ @ @ .
Following a tip-off , Mr Corcoran says he arrived at the scene , where a number of vehicles were on fire , before the gardaí and fire services arrived and shot some phone footage he put online .
Before it was seized , Mr Corcoran , who months before the search had invoked journalistic privilege in relation to its contents , had switched it off and refused to provide the PIN .
It remains in independent Garda custody with an undertaking it will not be examined pending determination of the court proceedings @ @ @ @ @ @ @ paper , and its director and editor Mr Corcoran , are seeking , among other things , declarations that the search warrant issued by District Judge James Faughnan in December 2018 was invalid and should be quashed .
It is claimed the District Judge was not informed Mr Corcoran had invoked journalistic privilege .
The gardaí claimed there was no such privilege “ known to law ” , the court heard .
Mr Corcoran also wants the phone returned .
The Garda Commissioner opposes the action .
On Thursday , Mr Callanan , @ @ @ @ @ @ @ , is not absolute .
The arguments on behalf of Mr Corcoran were effectively trying to deflect attention from the assertion of “ a very thin claim of journalistic privilege ” where it falls far short of the particularity required for the court to carry out a balancing exercise between that privilege and the need to carry out a criminal investigation .
Counsel was not saying Mr Corcoran was not a journalist but was querying whether he had established he was acting in a journalistic capacity on the night of the incident .
@ @ @ @ @ @ @ out for a more particularised and full account by Mr Corcoran about how he says this claim of privilege arises , ” counsel said .
Mr Corcoran was making a “ formulaic claim to privilege ” which can not be enough against the particular background of this case , counsel said .
It was correct to say the District Judge was not told of the journalistic privilege issue but it was not incumbent on the gardaí to do so during the application for the search warrant , he said .
The function of @ @ @ @ @ @ @ warrant where he believed reasonable grounds for suspicion existed , he said .

A provincial newspaper editor seeking the quashing of a search warrant forcing him to hand over his phone to gardaí has advanced a “very thin” claim for journalistic privilege, the High Court has been told.
Frank Callanan SC, for the Garda Commissioner, was opposing an action by Emmett Corcoran, editor of the Strokestown, Co Roscommon-based “The Democrat”, over the search of his home and seizure of his phone in April 2019.
The phone was seized as part of a Garda investigation into violence at a house in Strokestown which had been repossessed in December 2018.
Following a tip-off, Mr Corcoran says he arrived at the scene, where a number of vehicles were on fire, before the gardaí and fire services arrived and shot some phone footage he put online.
READ MORE
Before it was seized, Mr Corcoran, who months before the search had invoked journalistic privilege in relation to its contents, had switched it off and refused to provide the PIN. It remains in independent Garda custody with an undertaking it will not be examined pending determination of the court proceedings.
Oncor Ventures, publishers of the paper, and its director and editor Mr Corcoran, are seeking, among other things, declarations that the search warrant issued by District Judge James Faughnan in December 2018 was invalid and should be quashed.
It is claimed the District Judge was not informed Mr Corcoran had invoked journalistic privilege.
The gardaí claimed there was no such privilege “known to law”, the court heard. Mr Corcoran also wants the phone returned. The Garda Commissioner opposes the action.
On Thursday, Mr Callanan, said journalistic privilege, unlike legal privilege, is not absolute.
The arguments on behalf of Mr Corcoran were effectively trying to deflect attention from the assertion of “a very thin claim of journalistic privilege” where it falls far short of the particularity required for the court to carry out a balancing exercise between that privilege and the need to carry out a criminal investigation.
Counsel was not saying Mr Corcoran was not a journalist but was querying whether he had established he was acting in a journalistic capacity on the night of the incident.
“The circumstances of this case cry out for a more particularised and full account by Mr Corcoran about how he says this claim of privilege arises,” counsel said. Mr Corcoran was making a “formulaic claim to privilege” which cannot be enough against the particular background of this case, counsel said.
It was correct to say the District Judge was not told of the journalistic privilege issue but it was not incumbent on the gardaí to do so during the application for the search warrant, he said.
The function of the District Judge was to issue a warrant where he believed reasonable grounds for suspicion existed, he said.


theirishtimes--2020-07-16--Face masks: All you need to know about where, when and why you need one

Ireland got its response to Covid-19 largely right .
Case figures and deaths don ’ t lie .
But we got some things wrong – notably on face masks .
In spite of remarkable progress , there are no widely available treatments and no immediate prospect of an effective vaccine .
Covid-19 still poses the same risk as it did during the pandemic ’ s first days .
The threat of a second wave lurks ever present .
That is why making the wearing of face masks compulsory is essential .
Ireland is coming late to this approach after much @ @ @ @ @ @ @ Where are we now on face masks ?
Wearing face masks on public transport is already mandatory and is to become mandatory in indoor spaces such as shops .
We are shifting from “ should ” wear them to “ must ” wear them .
And because of the extent of health threat , this goes beyond “ basic good manners ” or respiratory etiquette .
The hard lessons from having to implement actions in a nightmarish scenario of constantly emerging knowledge about an insidious global threat don ’ t need to be @ @ @ @ @ @ @ knowing what we do now needs to be the focus .
Likewise , the message has to be right ; browbeating people into wearing them won ’ t work .
We may , however , be at a tipping point .
This week , Taoiseach Micheál Martin was out and about wearing a face mask .
Many more people have their face covered on public transport – one media report suggested nine out of 10 people on Dublin ’ s Luas were wearing masks .
There is no study of scale providing definitive @ @ @ @ @ @ @ probability and evaluating risk .
A UK study found population-wide face mask use could push transmission down to controllable levels , and prevent further Covid waves when combined with minor lockdowns .
A US study found if 80 per cent of a closed population were to don a mask , infection rates would statistically drop to approximately one-twelfth the number of infections compared to “ a live-virus population ” in which no one wore masks .
Emerging evidence prompted the World Health Organization to strengthen advice in their favour .
A University of @ @ @ @ @ @ @ how far exhaled breath travels out by up to 90 per cent , while another study found the daily growth rate of infections fell by 40 per cent after mask use was made compulsory in the German city of Jena .
Many are wearing masks , so why are we seeing rising cases ?
The capricious nature of Covid-19 knows no bounds .
It ’ s clear outdoor transmission is a minimal risk , the big challenge is stopping transmission in indoor settings , where individuals are in close contact with limited ventilation @ @ @ @ @ @ @ Compounding this , according to Prof Devi Sridhar of the University of Edinburgh , is the role presymptomatic and asymptomatic transmission can play in spreading the disease – where an infected person spreads the virus before they develop symptoms themselves , or where they never develop symptoms .
“ Relying only on those with symptoms of coronavirus to self-isolate is not enough to stop transmission given the role that these silent carriers play in its spread , ” she wrote in the Guardian .
Covid-19 exploits those opportunities for infection in confined spaces @ @ @ @ @ @ @ going to such places remains a critical action – wearing face masks while in that zone of potential spread is just as important .
So what is the best advice ?
Face masks do not need to be worn in the open air or while driving a car but should be worn routinely where physical distancing is not possible .
A mask protects the public from the wearer who might not know they are contagious .
Medical-grade masks are the most effective barrier .
Evidence on the protective value of single-use paper masks @ @ @ @ @ @ @ , but still suggests they can contribute to reducing transmission .
For those over 60 , whose immune system is weakening coinciding with ageing , and those with underlying conditions , the case is clear-cut .
Moreover , they should wear medical-grade masks .
What about indications of reckless socialising ?
Reinforcing regulations on mandatory wearing of face masks will soon be in place .
Then it ’ s down to enforcement ; lack of implementation will quickly undermine credibility .
Such measures are justified , especially where inadequate precautions are being taken @ @ @ @ @ @ @ country – and in spite of much good work curtailing Covid-19 – it suggests wearing a mask has been a matter of individual choice for too long .
Is there an outstanding messaging issue ?
A perception of invulnerability among young people persists .
This necessitates a new approach to messaging , underpinned by great clarity .
It should embrace wearing masks ; handwashing and getting tested quickly if showing signs of Covid-19 .
Wearing a mask is one of the most important defences in keeping Covid-19 at bay .
Widespread adoption will @ @ @ @ @ @ @ travel between countries with similarly low levels of infection to Ireland .
That should be part of messaging too , ie the rewards .
The social norm has to be wearing a mask , while accepting some people can not wear one .
We are not there yet .
It ’ s a small price to pay for getting closer to normality – and pushing back that second wave .

Researchers in UCD and the Mater hospital are looking into the benefits of face masks for the public and in operating theatres. Video: UCD/ Enda O'Dowd
Ireland got its response to Covid-19 largely right. Case figures and deaths don't lie. But we got some things wrong – notably on face masks.
In spite of remarkable progress, there are no widely available treatments and no immediate prospect of an effective vaccine. Covid-19 still poses the same risk as it did during the pandemic’s first days . The threat of a second wave lurks ever present.
That is why making the wearing of face masks compulsory is essential. Ireland is coming late to this approach after much dithering and too much confused messaging.
Where are we now on face masks?
READ MORE
Wearing face masks on public transport is already mandatory and is to become mandatory in indoor spaces such as shops.
We are shifting from “should” wear them to “must” wear them. And because of the extent of health threat, this goes beyond “basic good manners” or respiratory etiquette.
The hard lessons from having to implement actions in a nightmarish scenario of constantly emerging knowledge about an insidious global threat don’t need to be raked over. Scaling up effective actions knowing what we do now needs to be the focus.
Likewise, the message has to be right; browbeating people into wearing them won’t work. We may, however, be at a tipping point. This week, Taoiseach Micheál Martin was out and about wearing a face mask. Many more people have their face covered on public transport – one media report suggested nine out of 10 people on Dublin’s Luas were wearing masks.
What’s the latest evidence for wearing face masks?
There is no study of scale providing definitive proof but science is about weighing up probability and evaluating risk.
A UK study found population-wide face mask use could push transmission down to controllable levels, and prevent further Covid waves when combined with minor lockdowns.
A US study found if 80 per cent of a closed population were to don a mask, infection rates would statistically drop to approximately one-twelfth the number of infections compared to “a live-virus population” in which no one wore masks.
Emerging evidence prompted the World Health Organization to strengthen advice in their favour.
A University of Edinburgh study recently found masks can limit how far exhaled breath travels out by up to 90 per cent, while another study found the daily growth rate of infections fell by 40 per cent after mask use was made compulsory in the German city of Jena.
Many are wearing masks, so why are we seeing rising cases?
The capricious nature of Covid-19 knows no bounds. It’s clear outdoor transmission is a minimal risk, the big challenge is stopping transmission in indoor settings, where individuals are in close contact with limited ventilation for a prolonged period of time.
Compounding this, according to Prof Devi Sridhar of the University of Edinburgh, is the role presymptomatic and asymptomatic transmission can play in spreading the disease – where an infected person spreads the virus before they develop symptoms themselves, or where they never develop symptoms.
“Relying only on those with symptoms of coronavirus to self-isolate is not enough to stop transmission given the role that these silent carriers play in its spread,” she wrote in the Guardian.
Covid-19 exploits those opportunities for infection in confined spaces. Washing hands properly before and after going to such places remains a critical action – wearing face masks while in that zone of potential spread is just as important.
So what is the best advice?
Face masks do not need to be worn in the open air or while driving a car but should be worn routinely where physical distancing is not possible. A mask protects the public from the wearer who might not know they are contagious.
Medical-grade masks are the most effective barrier. Evidence on the protective value of single-use paper masks or reusable cloth coverings is less clear, but still suggests they can contribute to reducing transmission.
For those over 60, whose immune system is weakening coinciding with ageing, and those with underlying conditions, the case is clear-cut. Moreover, they should wear medical-grade masks.
What about indications of reckless socialising?
Reinforcing regulations on mandatory wearing of face masks will soon be in place. Then it’s down to enforcement; lack of implementation will quickly undermine credibility.
Such measures are justified, especially where inadequate precautions are being taken. Given clusters are increasing around the country – and in spite of much good work curtailing Covid-19 – it suggests wearing a mask has been a matter of individual choice for too long.
Is there an outstanding messaging issue?
A perception of invulnerability among young people persists. This necessitates a new approach to messaging, underpinned by great clarity. It should embrace wearing masks; handwashing and getting tested quickly if showing signs of Covid-19.
Wearing a mask is one of the most important defences in keeping Covid-19 at bay. Widespread adoption will enable further opening up of society and travel between countries with similarly low levels of infection to Ireland. That should be part of messaging too, ie the rewards.
The social norm has to be wearing a mask, while accepting some people cannot wear one. We are not there yet. It’s a small price to pay for getting closer to normality – and pushing back that second wave.


theirishtimes--2020-07-16--Adrian Donohoe murder accused says he cannot place raiders’ accents

The man accused of murdering Detective Garda Adrian Donohoe has told his Central Criminal Court trial that he can ’ t place the accents of the raiders from a recording taken at the scene of the robbery and fatal shooting .
Aaron Brady ( 29 ) on Thursday listened to the audio footage of a voice shouting : “ Give me the f***ing bag , give me the f***ing money , ” which was recorded by a dashcam during the raid that left Det Gda Donohoe dead .
Brendan Grehan SC for the prosecution asked Mr Brady if he could @ @ @ @ @ @ @ accents.
” Mr Brady said he couldn ’ t make the accents out , adding : “ I definitely don ’ t recognise it .
It ’ s very blurry.
” Mr Grehan asked if he would agree that the accent is from the Border area .
Mr Brady replied : “ I can ’ t say because I can ’ t make it out.
” On his third day of cross-examination Mr Brady denied stealing a car that the prosecution alleges was used in the robbery .
He also rejected a suggestion @ @ @ @ @ @ @ to a suspect for the crime , in which Mr Brady may have been a passenger , drove by Lordship Credit Union earlier in the day as part of a “ drive-by ” in advance of the robbery .
Aaron Brady ( 29 ) from New Road , Crossmaglen , Co Armagh has pleaded not guilty to the capital murder of Det Gda Adrian Donohoe who was then a member of An Garda Siochana on active duty on January 25th , 2013 at Lordship Credit Union , Bellurgan , Co Louth .
Mr @ @ @ @ @ @ @ a charge of robbing approximately €7,000 in cash and assorted cheques on the same date and at the same location .
Mr Grehan said that mobile phone evidence shows that Mr Brady ’ s two phones and phones belonging to two suspects for the robbery were all inactive for roughly a two-hour period before and after the robbery at Lordship .
Mr Brady said that his own phones were inactive because he was laundering diesel at that time and he could not say why the other two suspects ’ phones were inactive .
@ @ @ @ @ @ @ timeline of events on the day of the robbery and the days leading up to it .
Using mobile phone evidence and CCTV from various locations , he asked Mr Brady to account for his movements .
The accused told Mr Grehan that he couldn ’ t remember a lot of specifics of where he was or who he met or what vehicles he was travelling in .
Mr Grehan suggested that this was one of the most important days of his life and that he would remember details .
Mr Brady replied @ @ @ @ @ @ @ normal day .
I might forget some things.
” Mr Grehan told him that a garda was shot dead that day less than two kilometres from where he was staying and the following day Mr Brady lied to a garda about his movements after being stopped and questioned .
Mr Grehan added : “ You would remember every detail.
” The accused responded : “ No you would not .
Not silly things .
Important things.
” He added : “ Nothing I ’ m saying is made up .
I ’ m @ @ @ @ @ @ @ CCTV footage of the robbery .
The time from the raiders entering the car park of Lordship Credit Union to when they drove off was less than one minute , he said , adding that it was a “ slick operation ” .
Mr Brady said he didn ’ t know if it was a slick operation but accepted the raiders were gone within one minute .
When Mr Grehan showed him mobile phone evidence of numerous calls and texts between himself and the two suspects and a number of other people he @ @ @ @ @ @ @ they were about .
Some he suggested could have been to see if the people wanted to meet up and he pointed out that one of the people he was in touch with had his birthday that day .
He explained that text messages to his then girlfriend Jessica King saying that he had work that evening meant that he was planning on loading lorries at the diesel yard .
Mr Brady ’ s cross examination will continue on Friday in front of Mr Justice Michael White and a jury of six men @ @ @ @

The man accused of murdering Detective Garda Adrian Donohoe has told his Central Criminal Court trial that he can't place the accents of the raiders from a recording taken at the scene of the robbery and fatal shooting.
Aaron Brady (29) on Thursday listened to the audio footage of a voice shouting: "Give me the f***ing bag, give me the f***ing money," which was recorded by a dashcam during the raid that left Det Gda Donohoe dead.
Brendan Grehan SC for the prosecution asked Mr Brady if he could “help us in relation to the accents.” Mr Brady said he couldn’t make the accents out, adding: “I definitely don’t recognise it. It’s very blurry.”
Mr Grehan asked if he would agree that the accent is from the Border area. Mr Brady replied: “I can’t say because I can’t make it out.”
READ MORE
On his third day of cross-examination Mr Brady denied stealing a car that the prosecution alleges was used in the robbery. He also rejected a suggestion by Mr Grehan that a car belonging to a suspect for the crime, in which Mr Brady may have been a passenger, drove by Lordship Credit Union earlier in the day as part of a “drive-by” in advance of the robbery.
Aaron Brady (29) from New Road, Crossmaglen, Co Armagh has pleaded not guilty to the capital murder of Det Gda Adrian Donohoe who was then a member of An Garda Siochana on active duty on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth. Mr Brady has also pleaded not guilty to a charge of robbing approximately €7,000 in cash and assorted cheques on the same date and at the same location.
Mr Grehan said that mobile phone evidence shows that Mr Brady’s two phones and phones belonging to two suspects for the robbery were all inactive for roughly a two-hour period before and after the robbery at Lordship. Mr Brady said that his own phones were inactive because he was laundering diesel at that time and he could not say why the other two suspects’ phones were inactive.
Mr Grehan took the accused through a timeline of events on the day of the robbery and the days leading up to it. Using mobile phone evidence and CCTV from various locations, he asked Mr Brady to account for his movements. The accused told Mr Grehan that he couldn’t remember a lot of specifics of where he was or who he met or what vehicles he was travelling in. Mr Grehan suggested that this was one of the most important days of his life and that he would remember details.
Mr Brady replied: “To me it was a normal day. I might forget some things.” Mr Grehan told him that a garda was shot dead that day less than two kilometres from where he was staying and the following day Mr Brady lied to a garda about his movements after being stopped and questioned. Mr Grehan added: “You would remember every detail.”
The accused responded: “No you would not. Not silly things. Important things.” He added: “Nothing I’m saying is made up. I’m telling the truth.”
Mr Grehan played CCTV footage of the robbery. The time from the raiders entering the car park of Lordship Credit Union to when they drove off was less than one minute, he said, adding that it was a “slick operation”. Mr Brady said he didn’t know if it was a slick operation but accepted the raiders were gone within one minute.
When Mr Grehan showed him mobile phone evidence of numerous calls and texts between himself and the two suspects and a number of other people he said he couldn’t remember what they were about. Some he suggested could have been to see if the people wanted to meet up and he pointed out that one of the people he was in touch with had his birthday that day. He explained that text messages to his then girlfriend Jessica King saying that he had work that evening meant that he was planning on loading lorries at the diesel yard.
Mr Brady’s cross examination will continue on Friday in front of Mr Justice Michael White and a jury of six men and seven women.


theirishtimes--2020-07-16--Unemployed and unskilled workers most likely to be admitted to psychiatric care

Residents of north and west Dublin and unemployed and unskilled workers were most likely to be admitted to psychiatric care last year , a report published on Thursday shows .
The study , from the Health Research Board ( HRB ) , also indicates patients of public psychiatric units were far more likely to be discharged within a week than those admitted to private units , where patients often stayed several months .
While admissions to psychiatric hospitals have fallen from a peak in the mid-1980s , admissions to child and adolescent units increased by 63 per cent in the @ @ @ @ @ @ @ to 443 last year .
This may reflect an increased bed capacity in child and adolescent mental health services in the last decade .
Drawing on data returned to the National Psychiatric In-patient Reporting System , on admissions to and discharges from the 66 psychiatric units , the HRB reports that males accounted for 51 per cent of the 16,710 admissions last year .
Among children in contrast , girls accounted for almost 70 per cent of 443 admissions ( 67 per cent ) to child and adolescent units .
Overall , the @ @ @ @ @ @ @ highest rate of admissions , at 568.3 per 100,000 , followed by the 18 to 19-year age group , at 484.6 and the 55 to 64-year age group , at 471.4 .
The 75 year and over age group had the lowest rate of all admissions , at 373.8 .
Depression and depressive disorders were the most common reason for admission , accounting for almost a quarter .
Schizophrenia accounted for 21 per cent with mania and neuroses each accounting for 10 per cent .
Where an occupation was indicated 40 per cent @ @ @ @ @ @ @ employed ; 9 per cent were retired ; 6 per cent were students ; 4 per cent were engaged in house duties and 17 per cent were unknown .
“ As in previous years , the unskilled occupational group had the highest rate of all ( 482.5 per 100,000 ) .
.
.
agricultural workers had the second-highest rate of all admissions ( 375.9 per 100,000 ) , followed by manual skilled workers ( 248.3 per 100,000 ) and semi-skilled workers ( 238.4 per 100,00 ) .
” North and west Dublin had @ @ @ @ @ @ @ people per 100,000 , compared with counties Galway , Roscommon and Mayo which had the lowest at 310.1 .
North and west Dublin also had highest rates of involuntary admissions at 72.4 per 100,000 , compared with 18.4 in Cork and Kerry with the lowest .
Divorced people had the highest rate of all admissions , at 442.8 per 100,000 , followed by single people at 385.4 and widowed people at 357.7 .
Married people had the lowest rate at 223.3 per 100,000 .
There were 297 admissions of homeless people down from @ @ @ @ @ @ @ 71 per cent were male and 76 per cent were single .
The largest proportion ( 28 per cent ) had a diagnosis of schizophrenia .
The length of time patients stay in public psychiatric units appears to be far shorter than for those in private or independent units .
Over 40 per cent of psychiatric patients in the Mater hospital were discharged within a week ( 44 per cent ) , with a similar timeframe for discharges from the Drogheda department of psychiatry ( 45 per cent ) , and , Letterkenny @ @ @ @ @ @ @ .
In contrast , less than 20 per cent of discharges from St Patrick ’ s Hospital , Dublin were within a week ( 18 per cent ) , just 15 per cent from St Edmundsbury , Lucan , Dublin , and 11 per cent from St John of God Hospital , Dublin .
Bloomfield Hospital in Rathfarnham , Dublin , had the longest average length of stay among the independent/private and private charitable centres , at 1,018.1 days ( median 609 nights ) , followed by Cois Dalua , a mental health @ @ @ @ @ @ @ nights .

Residents of north and west Dublin and unemployed and unskilled workers were most likely to be admitted to psychiatric care last year, a report published on Thursday shows.
The study, from the Health Research Board (HRB), also indicates patients of public psychiatric units were far more likely to be discharged within a week than those admitted to private units, where patients often stayed several months.
While admissions to psychiatric hospitals have fallen from a peak in the mid-1980s, admissions to child and adolescent units increased by 63 per cent in the last decade – from 272 in 2010 to 443 last year.
This may reflect an increased bed capacity in child and adolescent mental health services in the last decade.
READ MORE
Drawing on data returned to the National Psychiatric In-patient Reporting System, on admissions to and discharges from the 66 psychiatric units, the HRB reports that males accounted for 51 per cent of the 16,710 admissions last year.
Adolescent units
Among children in contrast, girls accounted for almost 70 per cent of 443 admissions (67 per cent)to child and adolescent units.
Overall, the 20 to 24-year age group had the highest rate of admissions, at 568.3 per 100,000, followed by the 18 to 19-year age group, at 484.6 and the 55 to 64-year age group, at 471.4.
The 75 year and over age group had the lowest rate of all admissions, at 373.8.
Depression and depressive disorders were the most common reason for admission, accounting for almost a quarter. Schizophrenia accounted for 21 per cent with mania and neuroses each accounting for 10 per cent.
Where an occupation was indicated 40 per cent were unemployed; 24 per cent were employed; 9 per cent were retired; 6 per cent were students; 4 per cent were engaged in house duties and 17 per cent were unknown.
“As in previous years, the unskilled occupational group had the highest rate of all (482.5 per 100,000) . . . agricultural workers had the second-highest rate of all admissions (375.9 per 100,000), followed by manual skilled workers (248.3 per 100,000) and semi-skilled workers (238.4 per 100,00).”
North and west Dublin had the highest admission rate – at 402.5 people per 100,000, compared with counties Galway, Roscommon and Mayo which had the lowest at 310.1.
North and west Dublin also had highest rates of involuntary admissions at 72.4 per 100,000, compared with 18.4 in Cork and Kerry with the lowest.
Divorced people had the highest rate of all admissions, at 442.8 per 100,000, followed by single people at 385.4 and widowed people at 357.7. Married people had the lowest rate at 223.3 per 100,000.
Diagnosis
There were 297 admissions of homeless people down from 306 in 2018. Of these, 71 per cent were male and 76 per cent were single. The largest proportion (28 per cent) had a diagnosis of schizophrenia.
The length of time patients stay in public psychiatric units appears to be far shorter than for those in private or independent units. Over 40 per cent of psychiatric patients in the Mater hospital were discharged within a week (44 per cent), with a similar timeframe for discharges from the Drogheda department of psychiatry (45 per cent), and, Letterkenny general hospital (41 per cent).
In contrast, less than 20 per cent of discharges from St Patrick's Hospital, Dublin were within a week (18 per cent), just 15 per cent from St Edmundsbury, Lucan, Dublin, and 11 per cent from St John of God Hospital, Dublin.
Bloomfield Hospital in Rathfarnham, Dublin, had the longest average length of stay among the independent/private and private charitable centres, at 1,018.1 days (median 609 nights), followed by Cois Dalua, a mental health rehabilitation centre in Cork, at 399 nights.


theirishtimes--2020-07-16--Protection order granted to woman who said husband made her take lie detector test

A judge has granted court protection to a woman after she said her husband had her do a lie detector test to prove she wasn ’ t with other men .
At a family law court hearing in the West , the woman also stated that her husband “ is on his phone looking up porn sites thinking I am in them ” .
The woman said she recently left a woman ’ s refuge to attend the couple ’ s new baby ’ s Christening and on the day of the Christening , she said that her husband “ @ @ @ @ @ @ @ In the statement grounding her application for a Protection Order , the woman stated : “ He keeps threatening me and doesn ’ t want me to speak to my family.
” She added : “ He had me do a lie detector test to prove that I wasn ’ t with other men.
” The woman added : “ I have family staying with me because I am afraid of staying on my own with him.
” The woman stated that she is afraid of her husband and Judge Patrick Durcan told @ @ @ @ @ @ @ under the court ’ s protection.
” Applications for Protection Orders are made on an ex-parte basis where the other side is not present and a Protection Order gives the applicant temporary court protection pending an application for a Safety Order .
In a separate application for a Protection Order , a husband told the court “ the last few days in my house have been hell ” .
The man made his comment in his statement seeking the Protection Order against his wife .
The man stated : “ I can ’ @ @ @ @ @ @ @ roaring abuse at me and calling me all sorts of names.
” He added : “ My kids and I had to get locks for our bedroom doors as she was stealing money and our personal belongings .
I have just had enough.
” The man stated that at the start of the month , “ my wife attacked me .
I called the gardaí and they advised me to get a protection order ” .
The man stated it hadn ’ t been the first time he had called the gardaí and @ @ @ @ @ @ @ December and in January when she assaulted me ” .
Asked by Judge Patrick Durcan “ are you afraid of this woman ?
” the man replied “ yes ” .

‘He had me do a lie detector test to prove that I wasn’t with other men,’ woman told Clare court. File image: Reuters
A judge has granted court protection to a woman after she said her husband had her do a lie detector test to prove she wasn’t with other men.
At a family law court hearing in the West, the woman also stated that her husband “is on his phone looking up porn sites thinking I am in them”.
The woman said she recently left a woman’s refuge to attend the couple’s new baby’s Christening and on the day of the Christening, she said that her husband “hit me on the head”.
In the statement grounding her application for a Protection Order, the woman stated: “He keeps threatening me and doesn’t want me to speak to my family.”
READ MORE
She added: “He had me do a lie detector test to prove that I wasn’t with other men.”
The woman added: “I have family staying with me because I am afraid of staying on my own with him.”
The woman stated that she is afraid of her husband and Judge Patrick Durcan told her: “I am placing you under the court’s protection.”
Applications for Protection Orders are made on an ex-parte basis where the other side is not present and a Protection Order gives the applicant temporary court protection pending an application for a Safety Order.
In a separate application for a Protection Order, a husband told the court “the last few days in my house have been hell”.
The man made his comment in his statement seeking the Protection Order against his wife.
The man stated: “I can’t eat or sleep — she is roaring abuse at me and calling me all sorts of names.”
He added: “My kids and I had to get locks for our bedroom doors as she was stealing money and our personal belongings. I have just had enough.”
The man stated that at the start of the month, “my wife attacked me. I called the gardaí and they advised me to get a protection order”.
The man stated it hadn’t been the first time he had called the gardaí and “I had to call them last December and in January when she assaulted me”.
Asked by Judge Patrick Durcan “are you afraid of this woman?” the man replied “yes”.
The judge granted him a Protection Order.


theirishtimes--2020-07-16--CervicalCheck: Ruth Morrissey and husband paid €2.16m damages, Supreme Court told

The Supreme Court has been told that terminally ill Ruth Morrissey and her husband Paul have been paid the full sum of €2.16m damages awarded to them by the High Court over misreading of her cervical smear tests .
The full sum comprises €757,508 for Ms Morrissey and some €1.4m for her husband .
It has been paid despite a subsequent Supreme Court finding which , while dismissing most of the appeals by two laboratories and the HSE over the High Court decision , allowed an appeal by one of the labs over €575,000 of the award to Mr Morrissey @ @ @ @ @ @ @ would have been provided to the family by Ms Morrissey were it not for her shortened life expectancy .
The Government previously guaranteed , irrespective of what happened in the Supreme Court , that the High Court award and their legal costs would be paid to the couple .
Two laboratories - Quest Diagnostics and Medlab - and the HSE had appealed aspects of the May 2019 High Court judgment of Mr Justice Kevin Cross , regarded as a test case concerning the standard of care in cervical screening .
The High Court @ @ @ @ @ @ @ 2018 that a review carried out in 2014 showed smears taken under the CervicalCheck screening programme in 2009 and 2012 had been incorrectly reported .
Her cancer returned in 2018 .
The High Court found in favour of the Morriseys against all three defendants but it also found the HSE , apart from a sum of €10,000 , was entitled to an indemnity against the laboratories .
Last March , the Supreme Court held the High Court was correct in applying a standard for screening where screeners should have no doubt a sample @ @ @ @ @ @ @ suspicious material before stating it is clear .
It said experts , not the court , identified the standard expected of a normally competent screener as being one which precludes giving a clear result , unless there was absolute confidence the test was clear .
While finding the High Court was incorrect to hold the HSE was vicariously liable for the negligent acts of the laboratories , it said the HSE had a “ non-delegable duty ” in respect of patients availing of CervicalCheck .
The part of the HSE ’ s appeal @ @ @ @ @ @ @ with any liability in respect of negligence established against the laboratories was dismissed .
The court upheld most of the damages awarded but allowed Medlab ’ s appeal over €575,000 of the sum awarded to Mr Morrissey .
On Thursday , the matter returned before the court for submissions concerning final orders and costs .
Jeremy Maher SC , for the Morrisseys , sought costs jointly and separately against all three appellants .
He also argued the final orders against the HSE and Quest should not reflect the finding which reduced the damages @ @ @ @ @ @ @ Medlab had appealed over the €575,000 .
Michael Cush SC , for Quest , and Pat Hanratty SC , for the HSE , said the damages reduction should apply to all three appellants .
That would not prejudice the Morrisseys who have been paid the full amount but is important for reasons including Quest would otherwise be left in substance with a financial penalty , Mr Cush argued .
Mr Cush and Eoin McCullough SC , for Medlab , also argued there should be separate costs orders in relation to the individual appeals @ @ @ @ @ @ @ Chief Justice , Mr Justice Frank Clarke said the five judge court hoped to deliver its ruling within a short period .

The Supreme Court has been told that terminally ill Ruth Morrissey and her husband Paul have been paid the full sum of €2.16m damages awarded to them by the High Court over misreading of her cervical smear tests.
The full sum comprises €757,508 for Ms Morrissey and some €1.4m for her husband. It has been paid despite a subsequent Supreme Court finding which, while dismissing most of the appeals by two laboratories and the HSE over the High Court decision, allowed an appeal by one of the labs over €575,000 of the award to Mr Morrissey.
The €575,000 related to services which would have been provided to the family by Ms Morrissey were it not for her shortened life expectancy.
The Government previously guaranteed, irrespective of what happened in the Supreme Court, that the High Court award and their legal costs would be paid to the couple.
READ MORE
Two laboratories - Quest Diagnostics and Medlab - and the HSE had appealed aspects of the May 2019 High Court judgment of Mr Justice Kevin Cross, regarded as a test case concerning the standard of care in cervical screening.
The High Court heard Ms Morrissey was not told until 2018 that a review carried out in 2014 showed smears taken under the CervicalCheck screening programme in 2009 and 2012 had been incorrectly reported. Her cancer returned in 2018.
The High Court found in favour of the Morriseys against all three defendants but it also found the HSE, apart from a sum of €10,000, was entitled to an indemnity against the laboratories.
Last March, the Supreme Court held the High Court was correct in applying a standard for screening where screeners should have no doubt a sample is adequate and does not contain any suspicious material before stating it is clear.
It said experts, not the court, identified the standard expected of a normally competent screener as being one which precludes giving a clear result, unless there was absolute confidence the test was clear.
While finding the High Court was incorrect to hold the HSE was vicariously liable for the negligent acts of the laboratories, it said the HSE had a “non-delegable duty” in respect of patients availing of CervicalCheck.
The part of the HSE’s appeal which suggested it should not be fixed with any liability in respect of negligence established against the laboratories was dismissed.
The court upheld most of the damages awarded but allowed Medlab’s appeal over €575,000 of the sum awarded to Mr Morrissey.
On Thursday, the matter returned before the court for submissions concerning final orders and costs.
Jeremy Maher SC, for the Morrisseys, sought costs jointly and separately against all three appellants.
He also argued the final orders against the HSE and Quest should not reflect the finding which reduced the damages to Paul Morrissey by €575,000 because only Medlab had appealed over the €575,000.
Michael Cush SC, for Quest, and Pat Hanratty SC, for the HSE, said the damages reduction should apply to all three appellants. That would not prejudice the Morrisseys who have been paid the full amount but is important for reasons including Quest would otherwise be left in substance with a financial penalty, Mr Cush argued.
Mr Cush and Eoin McCullough SC, for Medlab, also argued there should be separate costs orders in relation to the individual appeals.
Having heard the sides, the Chief Justice, Mr Justice Frank Clarke said the five judge court hoped to deliver its ruling within a short period.


theirishtimes--2020-07-16--Taoiseach holds ‘productive’ discussions with Arlene Foster and Michelle O’Neill

A “ positive working relationship ” between the North and the South is in everyone ’ s interest , Micheál Martin was told by the North ’ s First Minister and Deputy First Minister when he made his first visit to Stormont as Taoiseach on Thursday afternoon .
Mr Martin was greeted at the steps of Stormont Castle by Arlene Foster and Michelle O ’ Neill when he arrived for their 45-minute meeting at lunchtime on Thursday afternoon .
He got a cheerful welcome from the two Northern leaders , who have been having their differences due to the fallout @ @ @ @ @ @ @ funeral of senior republican Bobby Storey in west Belfast .
They discussed a range of issues including Brexit , the Covid-19 response and New Decade , New Approach that restored the Northern Executive and Assembly in January after a three-year shutdown .
They also agreed to hold a plenary meeting of the North South Ministerial Council on July 31st .
Ms Foster and Ms O ’ Neill told Mr Martin that a positive relationship between the two jurisdictions was in everyone ’ s interests .
“ I was pleased to welcome Micheál to @ @ @ @ @ @ @ here as Taoiseach , ” said Ms Foster .
“ We had a productive discussion around areas of mutual interest .
Recovery from the coronavirus pandemic was a key focus of our conversation as we work simultaneously to protect people and rebuild our economies , ” she said .
“ As two jurisdictions sharing an island it makes perfect sense that Northern Ireland seeks to build a positive relationship with our neighbours in the Republic of Ireland .
We have seen the benefits of collaboration through the North West Cancer Centre and the @ @ @ @ @ @ @ example , ” she said .
Ms Foster added : “ I told the Taoiseach that I am keen to have positive dialogue during his tenure based on mutual respect for both jurisdictions and understanding of each other ’ s differences .
I look forward to continuing that engagement in the future for the benefit of the people who live here.
” Ms O ’ Neill said they had much to talk about “ both in terms of immediate matters and the need to make progress on a number of long-standing issues and @ @ @ @ @ @ @ recovery from the Covid-19 pandemic as well as the ongoing public health response and the need for a joined up approach across the island where possible , ” she said .
“ We spoke about the potential implications of Brexit and the pressing concerns this raises .
I set out the need to work together to protect the needs and interests of people and businesses across this island , ” said Ms O ’ Neill .
“ Key to addressing this critical issue and other strategic challenges is the immediate restoration of the @ @ @ @ @ @ @ and I ’ m pleased that a meeting of the North South Ministerial Council has now been confirmed for July 31st.
” Ms O ’ Neill added : “ It is now six months since the restoration of the Executive and I made clear to Micheál that we must see delivery all of the Irish Government ’ s commitments in New Decade , New Approach .
I look forward to working on a North-South basis to ensure those crucial funding and practical commitments are fulfilled as soon as possible.
” Later on Thursday @ @ @ @ @ @ @ other Northern party leaders including the SDLP ’ s Colum Eastwood at the nearby Stormont Hotel .

Taoiseach Micheál Martin with First Minister Arlene Foster and Deputy First Minister Michelle O’Neill at Stormont: “I want to work out in practical terms how we share this island together over the next while and beyond.” Photograph: Brian Lawless/PA
Micheál Martin on his first visit to Northern Ireland as Taoiseach has agreed with the Stormont First Minister and Deputy First Minister to hold a North-South Ministerial Council meeting at the end of this month.
This will be the first time in more than three years that the council, which was established through the 1998 Belfast Agreement, is to meet.
It was mothballed during the three-year collapse of the Northern Executive and Assembly which were finally re-established in January.
Mr Martin said the meeting with Arlene Foster and Michelle O'Neill was "warm" and "very useful". He also met the northern secretary Brandon Lewis.
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He referred to the proposed “shared island” unit in the new Coalition’s programme for government which was designed to “look at how we share this island on an ongoing basis and into the future”.
In that context, he was delighted that the first ministerial council would take place on July 31st.
He said the meeting of the NSMC in turn would trigger a series of departmental meetings involving sectoral North-South Ministers to examine various issues and projects that could be developed to the benefit of both jurisdictions.
He said, “Overall I am very encouraged by the meetings that I have had and the engagements that I have had. They have been a warm set of meetings. There was a genuine desire on all sides to work closely together in a pragmatic way to the mutual benefit of all the people of different traditions of this island.”
Infrastructural projects
The Government – through January’s New Decade, New Approach deal that restored Stormont – is pledged to help finance infrastructural projects such as the A5 road from the Border at Aughnacloy to the Derry-Donegal border and the Narrow Water Bridge between Co Down and Co Louth.
“I will be an engaging, understanding Taoiseach, trying to keep people together and trying to move forward on the economic front in particular and also in terms of getting projects over the line that we have been talking about for some time,” he said.
Mr Martin also said the Northern Executive and Government had done a good job in suppressing Covid-19 to a “significant degree”. It was important, however, that both administrations worked to avoid a second and perhaps third surge of the virus.
Mr Martin repeated his opposition to a Border poll on a united Ireland in the near future, restating that such a move had the potential to be “very, very divisive”.
“I want to work out in practical terms how we share this island together over the next while and beyond,” he said.
Brexit damage
Mr Martin, who also met SDLP, Ulster Unionist Party and Alliance senior figures, said it was also agreed with Ms Foster and Ms O’Neill that Brexit must not be allowed to damage the “economic fabric of the island”.
The two administrations would work together “in terms of minimising the economic disruption” of Brexit, he said.
He said too that after his election as Taoiseach he had a good discussion with British prime minister Boris Johnson where they agreed to “strategically review the British-Irish relationship in a post-Brexit environment”.
Ms Foster and Ms O’Neill told Mr Martin that a positive relationship between the two jurisdictions was in everyone’s interests.
Said Ms Foster, “I told the Taoiseach that I am keen to have positive dialogue during his tenure based on mutual respect for both jurisdictions and understanding of each other’s differences. I look forward to continuing that engagement in the future for the benefit of the people who live here.”
Added Ms O’Neill, “It is now six months since the restoration of the Executive and I made clear to Micheál that we must see delivery of all the Irish Government’s commitments in New Decade, New Approach. I look forward to working on a North-South basis to ensure those crucial funding and practical commitments are fulfilled as soon as possible.”


theirishtimes--2020-07-16--PSNI apologises to journalists Trevor Birney and Barry McCaffrey

Northern Ireland ’ s police chief has made an unreserved apology to two journalists arrested over material that appeared in a documentary on a Troubles massacre .
Simon Byrne wrote to Trevor Birney and Barry McCaffrey to apologise after the Court of Appeal quashed a search warrant used to raid their homes and offices in August 2018 .
Mr McCaffrey and Mr Birney were arrested over the alleged theft of a police watchdog document that appeared in their film No Stone Unturned on a notorious loyalist massacre in Loughinisland during the Troubles .
Six men were shot dead while watching @ @ @ @ @ @ @ Down village in the summer of 1994 .
The investigation into the documentary makers was later dropped .
As the investigation had involved a Police Ombudsman document , the Police Service of Northern Ireland ( PSNI ) had asked Durham Constabulary to direct the raids in August 2018 , to avoid a conflict of interest .
Mr Byrne , who sent separate letters to the men on Thursday , acknowledged that Durham Constabulary was acting on the PSNI ’ s behalf .
In the letter to Mr Birney , he wrote : “ @ @ @ @ @ @ @ of the Police Service of Northern Ireland to place on record my unreserved apology to you and your family for the distress and upset caused by the execution of search warrants at your home and business premises on August 31st , 2018 .
“ Whilst the searches were planned and conducted at the direction of officers from Durham Constabulary , those officers were acting on behalf of the Police Service of Northern Ireland in an external capacity and I fully accept the ruling of the Lord Chief Justices that the search warrants were @ @ @ @ @ @ @ that the Police Service of Northern Ireland will be reviewing all of the findings of the judgment to ensure that all appropriate learning is taken .
“ I have already notified your legal representatives that I am keen to resolve all outstanding matters through a process of mediation in order to bring this matter to a conclusion.
” Last year judges ruled search warrants used by police had been “ inappropriate ” .
This resulted in the criminal probe into the journalists being discontinued .
Last Friday , a panel of judges sitting @ @ @ @ @ @ @ conduct of the hearing to obtain the search warrant fell “ woefully short ” of the standard required to ensure that the hearing was fair .
The lord chief justice Sir Declan Morgan told the court that the journalists had at all times acted as investigative reporters adhering to their professional code .
“ We see no overriding requirement in the public interest which could have justified an interference with the protection of journalistic sources in this case , ” he said .
“ I welcome this unreserved apology from Mr Byrne on @ @ @ @ @ @ @ ’ s unfortunate that it has taken the PSNI 685 days to do the right thing and finally apologise since they raided our homes at 7am on August 31st 2018 .
“ The chief constable says the PSNI will look at what lessons need to be learned .
I sincerely hope it does .
I think it ’ s obvious that this was a lesson on how not to do policing in a democratic society .
This was a deliberate and direct attack on press freedom .
“ On the morning of our @ @ @ @ @ @ @ of having put people ’ s lives at risk .
This was an outrageous slur on our personal and professional reputations .
The lord chief justice Sir Declan Morgan made it clear in his judgment that this was completely untrue and without foundation .
“ We have had to live for the last two years with that highly damaging slur hanging over our heads .
Who in the PSNI is going to be held to account ?
“ The court found that there was indeed unlawful and illegal actions in this case , @ @ @ @ @ @ @ Birney or myself .
It was by the PSNI and Durham Constabulary.
” Mr McCaffrey said senior police officers involved in the operation would not be held to account .
“ Who is going to be held to account for the hundreds of thousands of pounds that was wasted in this case ?
Where is the accountability ?
” he asked .
Mr Birney ’ s solicitor Niall Murphy said there remained serious outstanding issues to address , including the PSNI retention of data seized .
“ Mr Birney welcomes this morning ’ @ @ @ @ @ @ @ .
“ He is , however , conscious that actions speak louder than words and look forward to the words being met with decisive reparative action in the upcoming mediation between the parties , a matter which the Chief Constable personally referenced in the apology .
“ There remains serious issues to be addressed in relation to the PSNI ’ s illegal retention of massive swathes of Mr Birney ’ s data , his unlawful arrest , wrongful detention and the impact it has had on his business .
“ He is determined @ @ @ @ @ @ @ instigated and overseen his unlawful arrest and detention are held to account .
“ In meantime , he looks forward positively to the mediation to hopefully conclude this sorry episode in the days ahead.
” Mr McCaffrey added : “ Unfortunately , even though the court found that the PSNI unlawfully obtained our personal data , they still refuse to delete the confidential material belonging to us which they still retain .
“ They say they want to hold on to this material , even though it was obtained illegally , for 10 @ @ @ @ @ @ @ This isn ’ t North Korea , this is supposed to be the north of Ireland 2020 .
“ What rights and protections does an individual have if the PSNI is allowed to retain unlawfully obtained material for a decade ?
“ While I welcome the chief constable ’ s apology , I feel this sorry chapter in bad policing can not be properly resolved until this issue of data protection is dealt with fully .
“ The police had a job to do , to catch the Loughinisland killers , today I @ @ @ @ @ @ @ doing this.
” - PA

Northern Ireland’s police chief has made an unreserved apology to two journalists arrested over material that appeared in a documentary on a Troubles massacre.
Simon Byrne wrote to Trevor Birney and Barry McCaffrey to apologise after the Court of Appeal quashed a search warrant used to raid their homes and offices in August 2018.
Mr McCaffrey and Mr Birney were arrested over the alleged theft of a police watchdog document that appeared in their film No Stone Unturned on a notorious loyalist massacre in Loughinisland during the Troubles.
Six men were shot dead while watching football in a pub in the Co Down village in the summer of 1994.
READ MORE
The investigation into the documentary makers was later dropped.
As the investigation had involved a Police Ombudsman document, the Police Service of Northern Ireland (PSNI) had asked Durham Constabulary to direct the raids in August 2018, to avoid a conflict of interest.
Mr Byrne, who sent separate letters to the men on Thursday, acknowledged that Durham Constabulary was acting on the PSNI’s behalf.
In the letter to Mr Birney, he wrote: "I am writing to you on behalf of the Police Service of Northern Ireland to place on record my unreserved apology to you and your family for the distress and upset caused by the execution of search warrants at your home and business premises on August 31st, 2018.
“Whilst the searches were planned and conducted at the direction of officers from Durham Constabulary, those officers were acting on behalf of the Police Service of Northern Ireland in an external capacity and I fully accept the ruling of the Lord Chief Justices that the search warrants were unlawful.
“I can assure you that the Police Service of Northern Ireland will be reviewing all of the findings of the judgment to ensure that all appropriate learning is taken.
“I have already notified your legal representatives that I am keen to resolve all outstanding matters through a process of mediation in order to bring this matter to a conclusion.”
Last year judges ruled search warrants used by police had been “inappropriate”.
This resulted in the criminal probe into the journalists being discontinued.
Last Friday, a panel of judges sitting in the Court of Appeal ruled the conduct of the hearing to obtain the search warrant fell “woefully short” of the standard required to ensure that the hearing was fair.
The lord chief justice Sir Declan Morgan told the court that the journalists had at all times acted as investigative reporters adhering to their professional code.
“We see no overriding requirement in the public interest which could have justified an interference with the protection of journalistic sources in this case,” he said.
Mr McCaffrey welcomed the apology.
“I welcome this unreserved apology from Mr Byrne on behalf of the PSNI.
“It’s unfortunate that it has taken the PSNI 685 days to do the right thing and finally apologise since they raided our homes at 7am on August 31st 2018.
“The chief constable says the PSNI will look at what lessons need to be learned. I sincerely hope it does. I think it’s obvious that this was a lesson on how not to do policing in a democratic society. This was a deliberate and direct attack on press freedom.
“On the morning of our arrest, the police publicly accused us of having put people’s lives at risk. This was an outrageous slur on our personal and professional reputations. The lord chief justice Sir Declan Morgan made it clear in his judgment that this was completely untrue and without foundation.
“We have had to live for the last two years with that highly damaging slur hanging over our heads. Who in the PSNI is going to be held to account?
“The court found that there was indeed unlawful and illegal actions in this case, but it wasn’t by Trevor Birney or myself. It was by the PSNI and Durham Constabulary.”
Mr McCaffrey said senior police officers involved in the operation would not be held to account.
“Who is going to be held to account for the hundreds of thousands of pounds that was wasted in this case? Where is the accountability?” he asked.
Outstanding issues
Mr Birney's solicitor Niall Murphy said there remained serious outstanding issues to address, including the PSNI retention of data seized.
“Mr Birney welcomes this morning’s unreserved apology,” he said.
“He is, however, conscious that actions speak louder than words and look forward to the words being met with decisive reparative action in the upcoming mediation between the parties, a matter which the Chief Constable personally referenced in the apology.
“There remains serious issues to be addressed in relation to the PSNI’s illegal retention of massive swathes of Mr Birney’s data, his unlawful arrest, wrongful detention and the impact it has had on his business.
“He is determined that the PSNI and Durham officers who instigated and overseen his unlawful arrest and detention are held to account.
“In meantime, he looks forward positively to the mediation to hopefully conclude this sorry episode in the days ahead.”
Mr McCaffrey added: “Unfortunately, even though the court found that the PSNI unlawfully obtained our personal data, they still refuse to delete the confidential material belonging to us which they still retain.
“They say they want to hold on to this material, even though it was obtained illegally, for 10 years. Why is that?
"This isn't North Korea, this is supposed to be the north of Ireland 2020.
“What rights and protections does an individual have if the PSNI is allowed to retain unlawfully obtained material for a decade?
“While I welcome the chief constable’s apology, I feel this sorry chapter in bad policing cannot be properly resolved until this issue of data protection is dealt with fully.
“The police had a job to do, to catch the Loughinisland killers, today I hope they now finally get around to doing this.” - PA


theirishtimes--2020-07-16--Coronavirus: Country in position of ‘high uncertainty’, chief medical officer warns

The country is in a “ position of high uncertainty at the moment ” as the R-number , or the reproductive rate of the virus , has increased above 1 to potentially as high as 1.8 , acting Chief Medical Officer Dr Ronan Glynn has warned .
He made his comments at a briefing from the National Public Health Emergency Team ( NPHET ) where Professor Philip Nolan , chairman of the NPHET Irish Epidemiological Modelling Advisory Group , said based on modelling , an R-rate of 1.8 could see over 150 cases a day by August 10th .
Such @ @ @ @ @ @ @ , very negative impacts on our plans to get our children back to school ” , Dr Glynn said .
“ It is not surprising that the reproduction number has increased given we eased measures.
” Dr Glynn said a decision on reopening pubs on August 10th would only be made in the week beforehand , and based on the number of cases at the time .
He added it was “ very difficult to see a nightclub open in the context of where we are at with this disease in Ireland and @ @ @ @ @ @ @ about travellers coming to Ireland , he said it was not the “ dominant issue ” in the spread of Covid-19 here .
“ The vast majority of cases here involve contact between people here , ” he said .
“ So it is up to us in this country to control the spread of this disease.
” One more person diagnosed with Covid-19 has died in the Republic bringing the total to 1,749 deaths relating to the disease in the State .
And 21 more cases have been diagnosed , bringing the @ @ @ @ @ @ @ that the cases NPHET will report next week “ have already been seeded ” .
“ However , we have the power to limit the spread and impact of this disease beyond that ; the way we do so is through following public health advice , avoiding high-risk situations and encouraging our friends and family to do the same.
” In a statement issued on Thursday evening , NPHET said six confirmed cases were denotified on Thursday .
Prof Nolan said the best estimate for the R-number - the rate at which the @ @ @ @ @ @ @ but could be as high as 1.8 .
“ We have the opportunity now to maintain suppression of the virus , ” he said .
He said we are in quite a “ precarious situation ” as to where the virus will track over the next few weeks , given the R number is above 1 .
The North ’ s Department of Health reported no new coronavirus deaths in its daily bulletin issued on Thursday afternoon , leaving the Northern Ireland death toll at 556 .
It recorded 16 new cases of @ @ @ @ @ @ @ cases to 5,815 .
So far 124,190 people have been tested for the virus in Northern Ireland .
Meanwhile , the North ’ s Department for the Economy reported that the total number of proposed redundancies in June 2020 reached an all-time high at 2,473 , and accounted for approximately a third of all proposed redundancies in the year .
A further 745 redundancies were proposed in the first two weeks of July .
Companies in Northern Ireland are required to issue notifications when they plan to make more than 20 people redundant @ @ @ @ @ @ @ since the start of March , taking in much of the period of Covid-19 , was 4,900 .
These were in four main sectors : transport and storage , wholesale and retail trade , food and accommodation services , and manufacturing , according to the latest figures from the Northern Ireland Statistics and Research Agency ( Nisra ) .
Nisra also reported that almost 7,000 redundancies were proposed in the twelve months to the end of June , more than double the number recorded in the previous twelve months .
The North ’ @ @ @ @ @ @ @ propose to the Northern Executive that it introduce compulsory mask-wearing in Northern Ireland .
Face coverings will be compulsory in shops in England from July 24th while they are already mandatory in Scotland .
The Executive , which currently is reviewing the situation on masks , will consider the matter when it meets next week .
The SDLP infrastructure Minister Nichola Mallon had recommended face-coverings in shops while Mr Swann said he will table such a proposal to the Executive .
“ I have no wish to preempt Executive decisions , but I @ @ @ @ @ @ @ possible must be done to encourage the wearing of face coverings in retail stores and other indoor spaces where people are not eating , drinking or exercising , ” said Mr Swann .
He said the North ’ s chief medical officer Dr Michael McBride and chief scientific adviser Professor Ian Young supported his recommendation .
“ It is also the case that making it mandatory would provide clarity and reassurance for members of the public , ” he said .
“ We need to promote every available measure to stop the spread @ @ @ @ @ @ @ the autumn and winter , given the risk of further waves of infection .
Wearing face coverings in enclosed spaces will have to become second nature if we are to keep each other safe.
” Meanwhile , the North ’ s Public Health ( PHA ) agency said it has identified a “ cluster ” of Covid-19 cases in the Limavady area of Co Derry .
The agency said it is linking them to a social gathering in a private or residential setting .
Testing and contact tracing are being carried out to @ @ @ @ @ @ @ and to help prevent any further spread , said the PHA .
According to the Department of Health ’ s figures nine of the 16 new cases confirmed on Thursday are in the Causeway Coast and Glens Council area which includes Limavady .

The country is in a “position of high uncertainty at the moment” as the R-number, or the reproductive rate of the virus, has increased above 1 to potentially as high as 1.8, acting Chief Medical Officer Dr Ronan Glynn has warned.
The country is in a “position of high uncertainty at the moment” as the R-number, or the reproductive rate of the virus, has increased above 1 to potentially as high as 1.8, acting Chief Medical Officer Dr Ronan Glynn has warned.
He made his comments at a briefing from the National Public Health Emergency Team (NPHET) where Professor Philip Nolan, chairman of the NPHET Irish Epidemiological Modelling Advisory Group, said based on modelling, an R-rate of 1.8 could see over 150 cases a day by August 10th.
Such a scenario would “obviously have very, very negative impacts on our plans to get our children back to school”, Dr Glynn said.
“It is not surprising that the reproduction number has increased given we eased measures.”
READ MORE
Dr Glynn said a decision on reopening pubs on August 10th would only be made in the week beforehand, and based on the number of cases at the time.
He added it was “very difficult to see a nightclub open in the context of where we are at with this disease in Ireland and internationally any time soon”.
Asked about travellers coming to Ireland, he said it was not the “dominant issue” in the spread of Covid-19 here.
“The vast majority of cases here involve contact between people here,” he said.
“So it is up to us in this country to control the spread of this disease.”
One more person diagnosed with Covid-19 has died in the Republic bringing the total to 1,749 deaths relating to the disease in the State. And 21 more cases have been diagnosed, bringing the total to 25,698.
Dr Glynn warned that the cases NPHET will report next week “have already been seeded”.
“However, we have the power to limit the spread and impact of this disease beyond that; the way we do so is through following public health advice, avoiding high-risk situations and encouraging our friends and family to do the same.”
In a statement issued on Thursday evening, NPHET said six confirmed cases were denotified on Thursday.
Prof Nolan said the best estimate for the R-number - the rate at which the virus reproduces - stands at 1.4, but could be as high as 1.8.
“We have the opportunity now to maintain suppression of the virus,” he said. He said we are in quite a “precarious situation” as to where the virus will track over the next few weeks, given the R number is above 1.
Northern Ireland
The North's Department of Health reported no new coronavirus deaths in its daily bulletin issued on Thursday afternoon, leaving the Northern Ireland death toll at 556.
It recorded 16 new cases of Covid-19, bringing the total of confirmed cases to 5,815. So far 124,190 people have been tested for the virus in Northern Ireland.
Meanwhile, the North’s Department for the Economy reported that the total number of proposed redundancies in June 2020 reached an all-time high at 2,473, and accounted for approximately a third of all proposed redundancies in the year.
A further 745 redundancies were proposed in the first two weeks of July. Companies in Northern Ireland are required to issue notifications when they plan to make more than 20 people redundant.
The total number of proposed redundancies since the start of March, taking in much of the period of Covid-19, was 4,900. These were in four main sectors: transport and storage, wholesale and retail trade, food and accommodation services, and manufacturing, according to the latest figures from the Northern Ireland Statistics and Research Agency (Nisra).
Nisra also reported that almost 7,000 redundancies were proposed in the twelve months to the end of June, more than double the number recorded in the previous twelve months.
The North's health Minister Robin Swann is to propose to the Northern Executive that it introduce compulsory mask-wearing in Northern Ireland.
Face coverings will be compulsory in shops in England from July 24th while they are already mandatory in Scotland.
The Executive, which currently is reviewing the situation on masks, will consider the matter when it meets next week.
The SDLP infrastructure Minister Nichola Mallon had recommended face-coverings in shops while Mr Swann said he will table such a proposal to the Executive.
“I have no wish to preempt Executive decisions, but I am firmly of the view that everything possible must be done to encourage the wearing of face coverings in retail stores and other indoor spaces where people are not eating, drinking or exercising,” said Mr Swann.
He said the North's chief medical officer Dr Michael McBride and chief scientific adviser Professor Ian Young supported his recommendation. "It is also the case that making it mandatory would provide clarity and reassurance for members of the public," he said.
“We need to promote every available measure to stop the spread of Covid-19, both now and into the autumn and winter, given the risk of further waves of infection. Wearing face coverings in enclosed spaces will have to become second nature if we are to keep each other safe.”
Meanwhile, the North’s Public Health (PHA) agency said it has identified a “cluster” of Covid-19 cases in the Limavady area of Co Derry.
The agency said it is linking them to a social gathering in a private or residential setting.
Testing and contact tracing are being carried out to identify anyone who may be potentially affected and to help prevent any further spread, said the PHA.
According to the Department of Health’s figures nine of the 16 new cases confirmed on Thursday are in the Causeway Coast and Glens Council area which includes Limavady.