theirishtimes--2020-07-30--President leads tributes to former Arts Council director Colm Ó Briain

President Michael D Higgins has led tributes to the former director of the Arts Council Colm Ó Briain , who has died .
Mr Ó Briain was director of the Arts Council from 1975 – 1983 .
He studied law at University College Dublin and King ’ s Inns and became a founder member of Project ’ 67 , a multi- arts project , which later became the Project Arts Centre .
He was also a founder of the National Association of Drama for Young People .
and worked as a director and producer with RTÉ .
Among his list @ @ @ @ @ @ @ director of plays and head of training at the Abbey Theatre as well as his appointment as special advisor to Ireland ’ s first minister for the arts , Michael D Higgins .
President Higgins said he had learned of Mr O Briain ’ s passing with “ the greatest sadness ” .
He added O ’ Briain ’ s contribution was “ a long and distinguished service to the arts and arts education in Ireland , and on an all-island basis ” .
“ I will miss him deeply as a colleague @ @ @ @ @ @ @ his daughters Seóna and Aisling , Sabina and I send our deepest sympathies .
“ He will be deeply missed by so many at what is such a crucial time for the arts ” , the President said .
Maureen Kennelly , director of the Arts Council , offered the body ’ s “ sincere sympathy to our colleague Seóna on the death of her father and we extend our condolences to Seóna ’ s mother Muireann , to her sister Aisling and to Colm ’ s extended family and his wide circle @ @ @ @ @ @

President Michael D Higgins has led tributes to the former director of the Arts Council Colm Ó Briain, who has died.
Mr Ó Briain was director of the Arts Council from 1975 – 1983 . He studied law at University College Dublin and King’s Inns and became a founder member of Project ’67, a multi- arts project , which later became the Project Arts Centre. He was also a founder of the National Association of Drama for Young People. and worked as a director and producer with RTÉ.
Among his list of extensive achievements was a role as director of plays and head of training at the Abbey Theatre as well as his appointment as special advisor to Ireland’s first minister for the arts, Michael D Higgins.
President Higgins said he had learned of Mr O Briain’s passing with “ the greatest sadness” . He added O’Briain’s contribution was “ a long and distinguished service to the arts and arts education in Ireland, and on an all-island basis”.
READ MORE
“I will miss him deeply as a colleague and a friend. To Muireann and his daughters Seóna and Aisling, Sabina and I send our deepest sympathies.
“He will be deeply missed by so many at what is such a crucial time for the arts”, the President said.
Maureen Kennelly, director of the Arts Council, offered the body’s “ sincere sympathy to our colleague Seóna on the death of her father and we extend our condolences to Seóna’s mother Muireann, to her sister Aisling and to Colm’s extended family and his wide circle of friends and admirers.”


theirishtimes--2020-07-30--Intellectually disabled couple bring separate challenges over marriage ban

An intellectually disabled woman is proceeding with a constitutional challenge arising from a High Court order preventing her intellectually disabled fiancé marrying her due to concerns about his capacity .
The woman ’ s challenge , and a separate challenge by the man , concern the right to marry and the constitutionality both of the High Court ’ s wardship jurisdiction and of an 1812 law which prevents wards of court marrying .
The order prohibiting the man proceeding with a civil legal marriage was made by the High Court in summer 2019 on the application of a charity providing @ @ @ @ @ @ @ medical views he lacked capacity to enter into a marriage contract .
No order was made in relation to his intended bride , described as more high functioning .
When the case came before the president of the High Court , Ms Justice Mary Irvine , on Thursday , she said both constitutional cases should be heard as speedily as possible because wardship proceedings are on hold pending those .
The man ’ s sister told the judge a constitutional challenge should not be brought in her brother ’ s name as she @ @ @ @ @ @ @ any decisions at the moment ” and all decisions were being made by “ third parties ” .
“ This is not about my brother and he needs to be protected.
” She did not believe the Free Legal Advice Centres , representing the man in his proceedings , “ is representing my brother at all ” and said he had been brought to FLAC “ by others ” .
His care is being interfered with , he has been “ under duress for the last two years ” and his phone is @ @ @ @ @ @ @ “ According to himself , he has to get permission from others to come and visit me ” .
Her brother has “ never wavered ” from his position he wants to remain where he is , she added .
She said a psychiatrist ’ s report , “ one of five ” , had said her brother - whom the court previously heard has substantial assets - is “ very unspecific about money ” and also told her he is already married .
Ms Justice Irvine told the sister it was very @ @ @ @ @ @ @ engage with any of the important issues she had raised and the most important thing is to get to a point where the court can consider his capacity .
There was “ a road block ” because the two constitutional cases need to be decided first and those should be expedited .
She adjourned the wardship matter for mention in November when the court will be updated concerning the two cases .
Earlier on Thursday , Felix McEnroy SC , for the charity involved in the man ’ s care , said it @ @ @ @ @ @ @ .
When Ms Justice Irvine noted the man had expressed “ very strong views ” about how he would like to be living his life at the moment , counsel said all the medical evidence was the statutory test for wardship - that the man lacks capacity to manage his person and finances - is satisfied .
The essential difference between the core medical evidence and the constitutional case is that it is argued in the latter the man has capacity to enter into a marriage , counsel said .
There is no @ @ @ @ @ @ @ instruct solicitors and , in that context , a guardian ad litem was previously appointed to represent his interests in the wardship matter , he added .
Frank Callanan SC , representing the man in his constitutional challenge , said a confidential agreement had been reached with the State arising from his side ’ s application for a protective costs order for the challenge which would be expedited .
If taken into wardship , the man loses capacity to marry , counsel said .
The man wishes to live a life “ as @ @ @ @ @ @ @ in his case concern different levels of capacity .
The “ unitary ” capacity test for wardship was a “ quasi commercial ” test which should be distinguished from capacity to marry .
It is hoped the case can be heard late this year or early next year , he added .
Ciaran Craven SC , for the man ’ s fiancee , said her application to set aside the injunction preventing the marriage has travelled alongside the wardship matter .
His side had written this week to the Attorney General indicating she @ @ @ @ @ @ @ with constitutional elements concerning the right to marry .
A statement of claim is “ well advanced ” , he added .

An intellectually disabled woman is proceeding with a constitutional challenge arising from a High Court order preventing her intellectually disabled fiancé marrying her due to concerns about his capacity.
The woman’s challenge, and a separate challenge by the man, concern the right to marry and the constitutionality both of the High Court’s wardship jurisdiction and of an 1812 law which prevents wards of court marrying.
The order prohibiting the man proceeding with a civil legal marriage was made by the High Court in summer 2019 on the application of a charity providing services for the man on foot of medical views he lacked capacity to enter into a marriage contract. No order was made in relation to his intended bride, described as more high functioning.
When the case came before the president of the High Court, Ms Justice Mary Irvine, on Thursday, she said both constitutional cases should be heard as speedily as possible because wardship proceedings are on hold pending those.
READ MORE
The man’s sister told the judge a constitutional challenge should not be brought in her brother’s name as she did not believe he “is making any decisions at the moment” and all decisions were being made by “third parties”.
“This is not about my brother and he needs to be protected.”
She did not believe the Free Legal Advice Centres, representing the man in his proceedings, “is representing my brother at all” and said he had been brought to FLAC “by others”.
His care is being interfered with, he has been “under duress for the last two years” and his phone is being interfered with, she added. “According to himself, he has to get permission from others to come and visit me”.
Her brother has “never wavered” from his position he wants to remain where he is, she added. She said a psychiatrist’s report, “one of five”, had said her brother - whom the court previously heard has substantial assets - is “very unspecific about money” and also told her he is already married.
Ms Justice Irvine told the sister it was very difficult, at this point, to engage with any of the important issues she had raised and the most important thing is to get to a point where the court can consider his capacity.
There was “a road block” because the two constitutional cases need to be decided first and those should be expedited.
She adjourned the wardship matter for mention in November when the court will be updated concerning the two cases.
Earlier on Thursday, Felix McEnroy SC, for the charity involved in the man’s care, said it is involved only in the wardship proceedings.
When Ms Justice Irvine noted the man had expressed “very strong views” about how he would like to be living his life at the moment, counsel said all the medical evidence was the statutory test for wardship - that the man lacks capacity to manage his person and finances - is satisfied.
The essential difference between the core medical evidence and the constitutional case is that it is argued in the latter the man has capacity to enter into a marriage, counsel said.
There is no medical information the man has capacity to instruct solicitors and, in that context, a guardian ad litem was previously appointed to represent his interests in the wardship matter, he added.
Frank Callanan SC, representing the man in his constitutional challenge, said a confidential agreement had been reached with the State arising from his side’s application for a protective costs order for the challenge which would be expedited.
If taken into wardship, the man loses capacity to marry, counsel said. The man wishes to live a life “as freely as possible” and the issues in his case concern different levels of capacity. The “unitary” capacity test for wardship was a “quasi commercial” test which should be distinguished from capacity to marry.
It is hoped the case can be heard late this year or early next year, he added.
Ciaran Craven SC, for the man’s fiancee, said her application to set aside the injunction preventing the marriage has travelled alongside the wardship matter. His side had written this week to the Attorney General indicating she is minded to issue her own proceedings with constitutional elements concerning the right to marry. A statement of claim is “well advanced”, he added.


theirishtimes--2020-07-30--Changing 12 risk factors could cut or delay 40% of dementia cases - Lancet

Modifying 12 risk factors over the course of one ’ s life could delay or prevent 40 per cent of dementia cases , according to the latest verdict of The Lancet Commission on dementia prevention , intervention and care .
The commission has added three new “ key modifiable risks factors ” that make people more vulnerable to dementia ; excessive alcohol consumption in mid-life , suffering head injuries in mid-life and exposure to air pollution in later life .
Led by 28 world-leading dementia experts , the report builds on the nine risk factors from childhood to later life @ @ @ @ @ @ @ up-to-date analysis of the best evidence on the prevention of dementia .
“ The potential to prevent cases of dementia is high , ” it adds .
Its latest report presented at the Alzheimer ’ s Association International Conference on Thursday calls of states and individuals to be ambitious about preventing dementia and lays out a set of policies and lifestyle changes to help prevent dementia .
Worldwide around 50 million people live with dementia , a figure projected to increase to 152 million by 2050 , rising particularly in low-income and middle-income @ @ @ @ @ @ @ of people with dementia live .
Dementia affects individuals , their families , and the economy - with global costs estimated at about €1 trillion annually .
Combined , the three new risk factors are associated with 6 per cent of all dementia cases – with an estimated 3 per cent of cases attributable to head injuries in mid-life ; 1 per cent of cases to excessive alcohol consumption ( more than 21 units per week ) in mid-life , and 2 per cent to exposure to air pollution in later life .
@ @ @ @ @ @ @ 34 per cent of all dementia cases .
The factors associated with the greatest proportion of dementia cases in the population are less education in early life ; hearing loss in mid-life , and smoking in later life ( 7 per cent , 8 per cent , and 5 per cent , respectively ) .
In certain countries , however , the proportion of older people with dementia has fallen , probably due to improvements in education , nutrition , healthcare , and lifestyle changes – demonstrating the possibility of reducing dementia through @ @ @ @ @ @ @ Our report shows it is within the power of policy-makers and individuals to prevent and delay a significant proportion of dementia , with opportunities to make an impact at each stage of a person ’ s life , ” says lead author Prof Gill Livingston of University College London , UK .
“ Interventions are likely to have the biggest impact on those who are disproportionately affected by dementia risk factors , like those in low- and middle-income countries and vulnerable populations , including Black , Asian and Minority Ethnic communities , ” @ @ @ @ @ @ @ “ As societies , we need to think beyond promoting good health to prevent dementia , and begin tackling inequalities to improve the circumstances in which people live their lives.
” Risks could be reduced by creating active and healthy environments for communities , “ where physical activity is the norm , better diet is accessible for all , and exposure to excessive alcohol is minimised ” .
The authors call for nine ambitious actions to be undertaken by policymakers and individuals : – Aim to maintain systolic blood pressure of 130 mm @ @ @ @ @ @ @ less in midlife from around age 40 years ; – Encourage use of hearing aids for hearing loss ; reduce hearing loss by protecting ears from high noise levels ; – Prevent head injury ( particularly by targeting high-risk occupations and transport ) ; – Prevent alcohol misuse and limit drinking to less than 21 units per week ; – Stop smoking uptake and support individuals to stop smoking ( which the authors stress is beneficial at any age ) ; – Provide all children with primary and secondary education ; – Lead @ @ @ @ @ @ @ possibly later life ; These actions , they say , are especially important in LMICs such as China , India and Latin America , where dementia rates are rising more rapidly than in high-income countries .
This is due to increasing life expectancy , and a higher frequency of dementia risk factors such as lower rates of education ; high rates of hypertension , obesity , hearing loss and rapidly growing rates of diabetes .
The authors note they were careful to only include risk factors with strong evidence for a causal link @ @ @ @ @ @ @ individualised evidence-based care that addresses physical and mental health , social care , and support that can accommodate complex needs of those with dementia .
“ Keeping people with dementia physically healthy is important for their cognition but they often have other illnesses which they may struggle to manage on their own , resulting in potentially harmful preventable hospitalisations , ” it notes .

The authors call for nine ambitious actions to be undertaken by policymakers and individuals. Photograph:iStock
Modifying 12 risk factors over the course of one's life could delay or prevent 40 per cent of dementia cases, according to the latest verdict of The Lancet Commission on dementia prevention, intervention and care.
The commission has added three new “key modifiable risks factors” that make people more vulnerable to dementia; excessive alcohol consumption in mid-life, suffering head injuries in mid-life and exposure to air pollution in later life.
Led by 28 world-leading dementia experts, the report builds on the nine risk factors from childhood to later life identified in 2017, and provides an up-to-date analysis of the best evidence on the prevention of dementia. “The potential to prevent cases of dementia is high,” it adds.
Its latest report presented at the Alzheimer’s Association International Conference on Thursday calls of states and individuals to be ambitious about preventing dementia and lays out a set of policies and lifestyle changes to help prevent dementia.
READ MORE
Worldwide around 50 million people live with dementia, a figure projected to increase to 152 million by 2050, rising particularly in low-income and middle-income countries (LMICs) where around two-thirds of people with dementia live. Dementia affects individuals, their families, and the economy - with global costs estimated at about €1 trillion annually.
Combined, the three new risk factors are associated with 6 per cent of all dementia cases – with an estimated 3 per cent of cases attributable to head injuries in mid-life; 1 per cent of cases to excessive alcohol consumption (more than 21 units per week) in mid-life, and 2 per cent to exposure to air pollution in later life.
The remaining risk factors are associated with 34 per cent of all dementia cases. The factors associated with the greatest proportion of dementia cases in the population are less education in early life; hearing loss in mid-life, and smoking in later life (7 per cent, 8 per cent, and 5 per cent, respectively).
In certain countries, however, the proportion of older people with dementia has fallen, probably due to improvements in education, nutrition, healthcare, and lifestyle changes – demonstrating the possibility of reducing dementia through preventative measures, it concludes.
"Our report shows it is within the power of policy-makers and individuals to prevent and delay a significant proportion of dementia, with opportunities to make an impact at each stage of a person's life," says lead author Prof Gill Livingston of University College London, UK.
“Interventions are likely to have the biggest impact on those who are disproportionately affected by dementia risk factors, like those in low- and middle-income countries and vulnerable populations, including Black, Asian and Minority Ethnic communities,” he added.
Prof Livingston added: "As societies, we need to think beyond promoting good health to prevent dementia, and begin tackling inequalities to improve the circumstances in which people live their lives."
Risks could be reduced by creating active and healthy environments for communities, “where physical activity is the norm, better diet is accessible for all, and exposure to excessive alcohol is minimised”.
The authors call for nine ambitious actions to be undertaken by policymakers and individuals:
– Aim to maintain systolic blood pressure of 130 mm Hg (millimeters of mercury) or less in midlife from around age 40 years;
– Encourage use of hearing aids for hearing loss; reduce hearing loss by protecting ears from high noise levels;
– Reduce exposure to air pollution and second-hand tobacco smoke;
– Prevent head injury (particularly by targeting high-risk occupations and transport);
– Prevent alcohol misuse and limit drinking to less than 21 units per week;
– Stop smoking uptake and support individuals to stop smoking (which the authors stress is beneficial at any age);
– Provide all children with primary and secondary education;
– Lead an active life into mid, and possibly later life;
– Reduce obesity and diabetes.
These actions, they say, are especially important in LMICs such as China, India and Latin America, where dementia rates are rising more rapidly than in high-income countries. This is due to increasing life expectancy, and a higher frequency of dementia risk factors such as lower rates of education; high rates of hypertension, obesity, hearing loss and rapidly growing rates of diabetes.
The authors note they were careful to only include risk factors with strong evidence for a causal link.
Their report calls for holistic and individualised evidence-based care that addresses physical and mental health, social care, and support that can accommodate complex needs of those with dementia.
“Keeping people with dementia physically healthy is important for their cognition but they often have other illnesses which they may struggle to manage on their own, resulting in potentially harmful preventable hospitalisations,” it notes.


theirishtimes--2020-07-30--Call for better State approach to dementia as study shows alcohol among risk factors

The Government needs to adopt new public health approaches to reduce prevalence of dementia in the Irish population in light of the findings of a major report published by the Lancet , according to the Alzheimer Society of Ireland ( ASI ) .
The Lancet Commission on prevention of dementia has set out new risk factors and including nine actions for policymakers and individuals after a review by its panel of international experts .
They have added excessive alcohol intake and head injury in mid-life , and exposure to air pollution in later life to the list of key modifiable @ @ @ @ @ @ @ report tells us that up to 40 per cent of dementia cases could be prevented or delayed by targeting 12 risk factors throughout life , ” said ASI head of advocacy and public affairs Tina Leonard .
“ This weight of evidence is also very relevant in an Irish context , and it is also noteworthy that alcohol intake is now recognised as a risk factor , ” she added .
This was especially important as the prevalence rate of dementia in Ireland had increased recently .
“ Previously , it was estimated @ @ @ @ @ @ @ this has now increased to 64,000 people and , of course , many people never receive a diagnosis of dementia , ” she added .
“ This figure is predicted to increase to 150,000 by 2045 .
Age is the biggest risk factor for dementia , so as we are living longer the number of people developing dementia is increasing.
” Ireland needed to be more ambitious about preventing dementia and to implement policies to help prevent the disease , Ms Leonard believed .
If many of the risk factors were addressed through @ @ @ @ @ @ @ far fewer people living with dementia in Ireland today and into the future , she predicted .
“ Once again we are calling for the concept of ‘ brain health ’ to be used to inform government policies geared at minimising early school leaving and promoting a healthy lifestyle which , is it believed , could prove significant in reducing dementia risk.
” Other risk factors previously highlighted by the commission include less education in early life ; hearing loss in mid-life , and smoking in later life .
She also highlighted ASI @ @ @ @ @ @ @ been included specifically in data collection related to Covid-19 mortality or public messaging .
“ We are alarmed at the lack of emphasis placed on the complex needs of those living with dementia , whether in the community or in residential settings .
Dementia needs to be taken seriously in all public health messaging both combined with messaging about other illness areas , such as healthy heart and also in its own right.
” Dementia prevention must be integrated into national public health programmes alongside other major non communicable diseases in a national @ @ @ @ @ @ @ condition , she said .
“ The Government should take heed of this new research and must show their commitment to promoting a better understanding of dementia including modifiable risk factors which features in the National Dementia Strategy.
” The need for investment in dementia services was critical , the ASI representative said , given that currently no county in Ireland had a minimum standard of dementia supports and services in place .
“ Our recent research report , ‘ Caring and Coping with Dementia During Covid-19 ’ which is available on alzheimer.iestrongly @ @ @ @ @ @ @ in dementia services to meet an increase in service demand due to the impact of Covid-19 on people with dementia and family carers , ” Ms Leonard said .

The Lancet Commission on prevention of dementia has set out new risk factors and including nine actions for policymakers and individuals after a review by its panel of international experts. Photograph: iStock
The Government needs to adopt new public health approaches to reduce prevalence of dementia in the Irish population in light of the findings of a major report published by the Lancet, according to the Alzheimer Society of Ireland (ASI).
The Lancet Commission on prevention of dementia has set out new risk factors and including nine actions for policymakers and individuals after a review by its panel of international experts. They have added excessive alcohol intake and head injury in mid-life, and exposure to air pollution in later life to the list of key modifiable risk factors for dementia.
“This report tells us that up to 40 per cent of dementia cases could be prevented or delayed by targeting 12 risk factors throughout life,” said ASI head of advocacy and public affairs Tina Leonard.
“This weight of evidence is also very relevant in an Irish context, and it is also noteworthy that alcohol intake is now recognised as a risk factor,” she added. This was especially important as the prevalence rate of dementia in Ireland had increased recently.
READ MORE
“Previously, it was estimated that 55,000 people have dementia, but this has now increased to 64,000 people and, of course, many people never receive a diagnosis of dementia,” she added. “This figure is predicted to increase to 150,000 by 2045. Age is the biggest risk factor for dementia, so as we are living longer the number of people developing dementia is increasing.”
Ireland needed to be more ambitious about preventing dementia and to implement policies to help prevent the disease, Ms Leonard believed.
If many of the risk factors were addressed through public policy initiatives, there would be far fewer people living with dementia in Ireland today and into the future, she predicted.
“Once again we are calling for the concept of ‘brain health’ to be used to inform government policies geared at minimising early school leaving and promoting a healthy lifestyle which, is it believed, could prove significant in reducing dementia risk.”
Other risk factors previously highlighted by the commission include less education in early life; hearing loss in mid-life, and smoking in later life.
She also highlighted ASI’s concern that dementia had not been included specifically in data collection related to Covid-19 mortality or public messaging. “We are alarmed at the lack of emphasis placed on the complex needs of those living with dementia, whether in the community or in residential settings. Dementia needs to be taken seriously in all public health messaging both combined with messaging about other illness areas, such as healthy heart and also in its own right.”
Dementia prevention must be integrated into national public health programmes alongside other major non communicable diseases in a national effort to fight growing prevalence of the condition, she said. “The Government should take heed of this new research and must show their commitment to promoting a better understanding of dementia including modifiable risk factors which features in the National Dementia Strategy.”
The need for investment in dementia services was critical, the ASI representative said, given that currently no county in Ireland had a minimum standard of dementia supports and services in place.
"Our recent research report, 'Caring and Coping with Dementia During Covid-19' which is available on alzheimer.iestrongly indicates the need for planning and investment in dementia services to meet an increase in service demand due to the impact of Covid-19 on people with dementia and family carers," Ms Leonard said.


theirishtimes--2020-07-30--Dublin hotels faring worst as Covid-19 crisis affects bookings

Dublin hotels are faring worst in the Covid-19 crisis in the hotel industry , with room occupancy rates for July at just 17 per cent of what they were last year .
Many hoteliers say they are now facing ruin as national figures show advance bookings for August are down by more than 50 per cent .
Average occupancy of hotel rooms across the State was 42 per cent for the month just ending , compared with room take-up of 90 per cent in July last year .
The situation is particularly serious in Dublin where numerous new hotels are @ @ @ @ @ @ @ Advance bookings for September show the situation worsening with an anticipated take-up of hotel rooms of just 24 per cent .
The Irish Hotels Federation said the tourism industry created more than 90,000 new jobs between 2011 and early 2020 , leading the economic recovery after the economic crash a decade ago .
Before the Covid-19 crisis the industry supported more than 260,000 jobs , equivalent to 11 per cent of total employment in Ireland , with more than 60,000 of these jobs in the hotel sector alone .
Irish Hotels Federation president @ @ @ @ @ @ @ package measures “ fail to deliver the required supports around competitiveness and liquidity ” which would allow the sector to once again add thousands of jobs .
“ It is very disappointing and could have long-term consequences for tourism and the almost 270,000 livelihoods it supports , ” she said .
According to the latest industry survey conducted by the federation , “ enormous challenges ” face hoteliers and guesthouse owners as demand plummets .
This year ’ s drop in room occupancy was the largest ever recorded with some smaller , independent @ @ @ @ @ @ @ according to sources .
Bookings for August are broadly in line with those in July while bookings for September show an even deeper drop in occupancy levels .
According to the CSO , the number of overseas visitors to Ireland has dropped by 97 per cent this year .
A breakdown of occupancy results for July 2020 shows occupancy rates of : Ms Fitzgerald Kane said the stark figures highlighted the requirement for additional sectoral-specific measures for tourism .
“ Even in a best-case scenario , we are effectively looking at occupancy levels @ @ @ @ @ @ @ the year as a whole .
This is nothing short of disastrous for our sector with serious implications for the tourism industry and wider economy.
” The key elements the sector wants addressed are an increase in the level of assistance required to support employee retention and a further reduction in the VAT rate .
“ Tourism businesses also maintain that the rates waiver , which is due to lapse in September , does not go far enough .
The waiver must be extended further to coincide with business interruption for a minimum @ @ @ @ @ @ @ .
“ Time and again , tourism has proven itself as a hugely successful engine for economic growth , particularly in regional Ireland .
Last year alone it generated more than €9 billion in revenue , she said .

This year’s drop in room occupancy was the largest ever recorded with some smaller, independent hotels in the capital facing ruin, according to sources. Photograph: iStock
Dublin hotels are faring worst in the Covid-19 crisis in the hotel industry, with room occupancy rates for July at just 17 per cent of what they were last year.
Many hoteliers say they are now facing ruin as national figures show advance bookings for August are down by more than 50 per cent.
Average occupancy of hotel rooms across the State was 42 per cent for the month just ending, compared with room take-up of 90 per cent in July last year.
The situation is particularly serious in Dublin where numerous new hotels are due to open later this year.
READ MORE
Advance bookings for September show the situation worsening with an anticipated take-up of hotel rooms of just 24 per cent.
The Irish Hotels Federation said the tourism industry created more than 90,000 new jobs between 2011 and early 2020, leading the economic recovery after the economic crash a decade ago.
Before the Covid-19 crisis the industry supported more than 260,000 jobs, equivalent to 11 per cent of total employment in Ireland, with more than 60,000 of these jobs in the hotel sector alone.
Irish Hotels Federation president Elaina Fitzgerald Kane said the Government stimulus package measures “fail to deliver the required supports around competitiveness and liquidity” which would allow the sector to once again add thousands of jobs.
“It is very disappointing and could have long-term consequences for tourism and the almost 270,000 livelihoods it supports,” she said.
According to the latest industry survey conducted by the federation, “enormous challenges” face hoteliers and guesthouse owners as demand plummets.
This year’s drop in room occupancy was the largest ever recorded with some smaller, independent hotels in the capital facing ruin, according to sources.
Bookings for August are broadly in line with those in July while bookings for September show an even deeper drop in occupancy levels.
According to the CSO, the number of overseas visitors to Ireland has dropped by 97 per cent this year.
Figures
A breakdown of occupancy results for July 2020 shows occupancy rates of:
National: 42 per cent
Dublin city and county: 17 per cent
Other cities: 41 per cent
Rest of country (excluding cities): 56 per cent
Regionally the figures showed occupancy rates in:
Border region: 63 per cent
Midwest: 37 per cent
Midlands /mideast: 48 per cent
Southeast: 63 per cent
Southwest: 53 per cent
West: 57 per cent
Ms Fitzgerald Kane said the stark figures highlighted the requirement for additional sectoral-specific measures for tourism.
“Even in a best-case scenario, we are effectively looking at occupancy levels of less than 30 per cent for the year as a whole. This is nothing short of disastrous for our sector with serious implications for the tourism industry and wider economy.”
The key elements the sector wants addressed are an increase in the level of assistance required to support employee retention and a further reduction in the VAT rate.
“Tourism businesses also maintain that the rates waiver, which is due to lapse in September, does not go far enough. The waiver must be extended further to coincide with business interruption for a minimum of 12 months,” she said.
“Time and again, tourism has proven itself as a hugely successful engine for economic growth, particularly in regional Ireland. Last year alone it generated more than €9 billion in revenue, she said.


theirishtimes--2020-07-30--Taoiseach declines to allow 500 attend Eid celebrations in Croke Park on Friday

Numbers taking part in Eid celebrations at Croke Park on Friday will be limited to 200 despite a request to Taoiseach Micheál Martin from Muslim organisers that the 500 who had booked be allowed take part .
When it was announced on July 13th last the then government roadmap for the lifting of Covid-19 restrictions would have allowed for 500 participants at all public events from July 20th .
All places at the Croke Park Eid had been filled within two hours of it being announced on July 13th .
However , on July 15th the Government extended the 200 @ @ @ @ @ @ @ August 10th .
Shaykh Umar Al-Qadri , chair of the Irish Muslim & Peace Integration Council , which is organising the Eid event , wrote to the Taoiseach requesting that the Eid celebrations involving the 500 people who had booked a place be allowed go ahead on the pitch at Croke Park on Friday .
Shaykh Al-Qadri said he was requesting the exemption for Eid event “ similar to the precedent set by outgoing taoiseach Leo Varadkar following a plea made by Archbishop Diarmuid Martin ” .
He noted that following the Catholic @ @ @ @ @ @ @ exception was “ granted to churches and mosques to increase the number [ attending at public worship ] from 50 to 100 with the justification that many churches were able to accommodate larger gatherings while maintaining social distancing requirements ” .
He continued that “ Eid at Croke Park can certainly accommodate 500 people while maintaining social distancing ” .
In declining the Shaykh ’ s request the Taoiseach pointed out in a letter that the exemption granted Archbishop Martin referred “ to indoor places of worship with large capacity and where additional @ @ @ @ @ @ @ all places of worship - Churches , Mosques , Synagogues etc .
but does not apply to mass gatherings at other events , for example football stadiums ” .
He continued that “ during this pandemic the health and wellbeing of the people of Ireland must take precedence and we need to continue to act responsibly to ensure the containment of the disease.
” The Taoiseach also pointed out that many groups and organisations had been in touch with him “ seeking to lift the current limitation on outdoor numbers but the Government @ @ @ @ @ @ @ latest public health advice and can not accede to increasing the limit on mass gatherings at this time ” .
In response Shaykh Al-Qadri told The Irish Times he understood the Taoiseach ’ s position .
“ The complexity of the situation and the recent increase in Covid-19 numbers is worrying .
We need to be responsible , ” he said .
“ Both Dublin ’ s Archbishops had accepted invitations to attend , ” he said , referring to Archbishop Diarmuid Martin and Church of Ireland Archbishop Michael Jackson .
So too @ @ @ @ @ @ @ faith leaders had also been invited as had members of the Government .
Minister for Children , Disability , Equality and Integration Roderic O ’ Gorman confirmed he would attend , Shaykh Al-Qadri said .
The Eid event will be broadcast live on the RTÉ News Now channel , beginning at 9.30am , continuing to about 11.30am .

When the Eid celebration was announced for Croke Park the then government roadmap for lifting Covid-19 restrictions would have allowed for 500 particpants at all public events from July 20th. Photograph: Norman McCloskey/Inpho
Numbers taking part in Eid celebrations at Croke Park on Friday will be limited to 200 despite a request to Taoiseach Micheál Martin from Muslim organisers that the 500 who had booked be allowed take part.
Eid is a major annual Muslim celebration.
When it was announced on July 13th last the then government roadmap for the lifting of Covid-19 restrictions would have allowed for 500 participants at all public events from July 20th. All places at the Croke Park Eid had been filled within two hours of it being announced on July 13th.
However, on July 15th the Government extended the 200 restriction on attendance at public gatherings until August 10th.
READ MORE
Shaykh Umar Al-Qadri, chair of the Irish Muslim & Peace Integration Council,which is organising the Eid event, wrote to the Taoiseach requesting that the Eid celebrations involving the 500 people who had booked a place be allowed go ahead on the pitch at Croke Park on Friday.
Shaykh Al-Qadri said he was requesting the exemption for Eid event "similar to the precedent set by outgoing taoiseach Leo Varadkar following a plea made by Archbishop Diarmuid Martin".
He noted that following the Catholic Archbishop of Dublin’s request, exception was “granted to churches and mosques to increase the number [attending at public worship] from 50 to 100 with the justification that many churches were able to accommodate larger gatherings while maintaining social distancing requirements”.
He continued that “Eid at Croke Park can certainly accommodate 500 people while maintaining social distancing”.
In declining the Shaykh's request the Taoiseach pointed out in a letter that the exemption granted Archbishop Martin referred "to indoor places of worship with large capacity and where additional measures are imposed. This applies to all places of worship - Churches, Mosques, Synagogues etc. but does not apply to mass gatherings at other events, for example football stadiums".
He continued that "during this pandemic the health and wellbeing of the people of Ireland must take precedence and we need to continue to act responsibly to ensure the containment of the disease."
The Taoiseach also pointed out that many groups and organisations had been in touch with him “seeking to lift the current limitation on outdoor numbers but the Government is taking a cautious approach following the latest public health advice and cannot accede to increasing the limit on mass gatherings at this time”.
In response Shaykh Al-Qadri told The Irish Times he understood the Taoiseach’s position.
“The complexity of the situation and the recent increase in Covid-19 numbers is worrying. We need to be responsible,” he said.
"Both Dublin's Archbishops had accepted invitations to attend," he said, referring to Archbishop Diarmuid Martin and Church of Ireland Archbishop Michael Jackson. So too had GAA President John Horan while other faith leaders had also been invited as had members of the Government. Minister for Children, Disability, Equality and Integration Roderic O'Gorman confirmed he would attend, Shaykh Al-Qadri said.
The Eid event will be broadcast live on the RTÉ News Now channel, beginning at 9.30am, continuing to about 11.30am.


theirishtimes--2020-07-30--No prosecution over three Troubles killings, including child - North’s PPS

The North ’ s Public Prosecution Service ( PPS ) has decided not to pursue prosecutions in relation to three historic Troubles killings , including that of the first child to be killed in the conflict , nine-year-old Patrick Rooney .
The PPS had considered files about the August 15th 1969 killings of Patrick Rooney , Hugh McCabe ( 20 ) and Samuel McLarnon ( 28 ) who were shot dead allegedly by Royal Ulster Constabulary ( RUC ) officers in three separate incidents in the Ardoyne and Divis areas of Belfast .
But almost 51 years since the killings @ @ @ @ @ @ @ one is to be prosecuted .
Con Rooney , brother of Patrick , said the family which includes his mother Alice were “ very disappointed ” at the decision .
“ The police had no reason to open fire .
As far as we are concerned the officer who killed Patrick has got away with murder , ” he said .
Mr Rooney said the family now planned to take a civil case against the PSNI over his brother ’ s killing .
The PPS ’ s assistant director Lynne Carlin said that @ @ @ @ @ @ @ completed a careful consideration of all evidence reported in connection with three tragic deaths which happened during the widespread disorder of August 1969 ” .
“ In two of these cases , those relating to the deaths of Hugh McCabe and Patrick Rooney , it was concluded that there is no reasonable prospect of conviction for any offence in respect of the two former RUC officers reported , ” she said .
“ In the case of Samuel McLarnon , a review of the available evidence confirmed that the only identifiable suspect is @ @ @ @ @ @ @ She said that the decisions were taken following an independent and impartial application of the test for prosecution and with the assistance of advice from senior counsel .
“ In none of the cases did the available evidence provide a reasonable prospect of conviction of any identified suspect for a criminal offence , ” said Ms Carlin .
“ I fully acknowledge the deep disappointment felt today by three families who have lived for many decades with the loss of their loved one in very painful circumstances.
” The cases had been referred @ @ @ @ @ @ @ ’ s office following investigations by the former Historical Enquiries Team within the PSNI .
The killing of Patrick Rooney is the first story in Joe Duffy and Irish Times Northern Correspondent Freya McClement ’ s book , Children of the Troubles and the sixth death of the Troubles recorded in the book Lost Lives .
He was struck by a bullet as he lay in his bed in his family ’ s flat in Divis Tower in west Belfast .
One former RUC officer was considered for the child ’ s killing @ @ @ @ @ @ @ the gunner in one of three Shorland vehicles being operated by the RUC in the area of the Rooney home at the time .
Two of the three gunners from the Shorland vehicles are now deceased .
The PPS found that there was “ no evidence that would allow the prosecution to establish which of the three gunners fired the fatal shot ” and neither could it be established that the surviving officer was part of a “ joint enterprise ” with either of the other two gunners .
In relation to the @ @ @ @ @ @ @ shot at the Whitehall Maisonettes in Divis Street in west Belfast the PPS detailed how there was evidence of two officers firing from the roof of Hastings Street RUC station .
While a surviving officer was considered in the case the “ reported suspect ” was the deceased officer .
Samuel McLarnon was shot in the living room of his house in the Ardoyne area of north Belfast .
The PPS said the “ only identified suspect is now deceased ” .
The victims group Relatives For Justice criticised the decision .
“ @ @ @ @ @ @ @ time there will be no prosecutions in the killings of three civilians by the RUC in 1969 is the price of justice delayed — it truly is justice denied , ” it said in a statement .
“ Today ’ s shame should motivate all actors , especially the British government , to move immediately and implement human rights-compliant mechanisms to deal with the past so no more families face this appalling vista , ” it added .

The North's Public Prosecution Service (PPS) has decided not to pursue prosecutions in relation to three historic Troubles killings, including that of the first child to be killed in the conflict, nine-year-old Patrick Rooney.
The PPS had considered files about the August 15th 1969 killings of Patrick Rooney, Hugh McCabe (20) and Samuel McLarnon (28) who were shot dead allegedly by Royal Ulster Constabulary (RUC) officers in three separate incidents in the Ardoyne and Divis areas of Belfast.
But almost 51 years since the killings the PPS on Thursday announced that no one is to be prosecuted.
Con Rooney, brother of Patrick, said the family which includes his mother Alice were "very disappointed" at the decision.
READ MORE
“The police had no reason to open fire. As far as we are concerned the officer who killed Patrick has got away with murder,” he said.
Mr Rooney said the family now planned to take a civil case against the PSNI over his brother’s killing.
The PPS's assistant director Lynne Carlin said that a "team of experienced prosecutors has completed a careful consideration of all evidence reported in connection with three tragic deaths which happened during the widespread disorder of August 1969".
“In two of these cases, those relating to the deaths of Hugh McCabe and Patrick Rooney, it was concluded that there is no reasonable prospect of conviction for any offence in respect of the two former RUC officers reported,” she said.
“In the case of Samuel McLarnon, a review of the available evidence confirmed that the only identifiable suspect is now deceased,” she said.
She said that the decisions were taken following an independent and impartial application of the test for prosecution and with the assistance of advice from senior counsel.
“In none of the cases did the available evidence provide a reasonable prospect of conviction of any identified suspect for a criminal offence,” said Ms Carlin.
“I fully acknowledge the deep disappointment felt today by three families who have lived for many decades with the loss of their loved one in very painful circumstances.”
The cases had been referred to the PPS by the Police Ombudsman’s office following investigations by the former Historical Enquiries Team within the PSNI.
The killing of Patrick Rooney is the first story in Joe Duffy and Irish Times Northern Correspondent Freya McClement's book, Children of the Troubles and the sixth death of the Troubles recorded in the book Lost Lives. He was struck by a bullet as he lay in his bed in his family's flat in Divis Tower in west Belfast.
One former RUC officer was considered for the child’s killing. He was alleged to have been the gunner in one of three Shorland vehicles being operated by the RUC in the area of the Rooney home at the time. Two of the three gunners from the Shorland vehicles are now deceased.
The PPS found that there was “no evidence that would allow the prosecution to establish which of the three gunners fired the fatal shot” and neither could it be established that the surviving officer was part of a “joint enterprise” with either of the other two gunners.
In relation to the death of Hugh McCabe, who was shot at the Whitehall Maisonettes in Divis Street in west Belfast the PPS detailed how there was evidence of two officers firing from the roof of Hastings Street RUC station. While a surviving officer was considered in the case the “reported suspect” was the deceased officer.
Samuel McLarnon was shot in the living room of his house in the Ardoyne area of north Belfast. The PPS said the “only identified suspect is now deceased”.
The victims group Relatives For Justice criticised the decision. “The news that due to passage of time there will be no prosecutions in the killings of three civilians by the RUC in 1969 is the price of justice delayed — it truly is justice denied,” it said in a statement.
“Today’s shame should motivate all actors, especially the British government, to move immediately and implement human rights-compliant mechanisms to deal with the past so no more families face this appalling vista,” it added.


theirishtimes--2020-07-30--Judge clears NDLS of discrimination over learner driver permits

A ban on issuing learner driver permits to asylum seekers does not amount to racial discrimination , according to the Circuit Court , in a ruling which overturns a previous finding in favour of people living in direct provision .
Delivering judgment in Dublin Circuit Civil Court on Thursday , Judge John O ’ Connor ruled that the National Driving Licence Service ( NDLS ) , which is run by the Road Safety Authority ( RSA ) , does not discriminate against asylum seekers on account of race .
Judge O ’ Connor said the licensing agency applies existing Irish @ @ @ @ @ @ @ requires evidence of permanent permission to reside in the State .
The case concerned a single mother who has lived continuously in Ireland since 2015 when she applied for asylum .
Her commute from a rural direct provision centre in the south of Ireland to work as a housekeeper in Dublin involves a lengthy journey by bus and rail .
The woman , who holds a full licence in her country of origin , was offered a car by her current employers if she gets a full licence .
She applied for a @ @ @ @ @ @ @ , the NDLS told her she would need to provide evidence of full or “ permanent ” residency permission which , by virtue of being an asylum seeker , she could not provide .
The Irish Human Rights and Equality Commission took her case to the Workplace Relations Commission ( WRC ) which found that the RSA indirectly discriminated against the woman on grounds of race .
The WRC ruled that the woman be given a learner permit immediately and awarded her €5,000 compensation .
However , the RSA successfully appealed the WRC @ @ @ @ @ @ @ on Thursday , which found that the WRC “ went substantially beyond its remit ” under the Equal Status Acts .
Judge O ’ Connor said the case was not about the right to a driving licence .
It was about alleged discrimination in the course of the woman ’ s application for a learner permit .
The judge said she enjoyed certain rights but these were not the same as those enjoyed by citizens .

The judge said Irish law on the licensing of drivers requires evidence of permanent permission to reside in the State. Photograph: Thinkstock
A ban on issuing learner driver permits to asylum seekers does not amount to racial discrimination, according to the Circuit Court, in a ruling which overturns a previous finding in favour of people living in direct provision.
Delivering judgment in Dublin Circuit Civil Court on Thursday, Judge John O’Connor ruled that the National Driving Licence Service (NDLS), which is run by the Road Safety Authority (RSA), does not discriminate against asylum seekers on account of race.
Judge O’Connor said the licensing agency applies existing Irish law on the licensing of drivers which requires evidence of permanent permission to reside in the State.
The case concerned a single mother who has lived continuously in Ireland since 2015 when she applied for asylum. Her commute from a rural direct provision centre in the south of Ireland to work as a housekeeper in Dublin involves a lengthy journey by bus and rail.
READ MORE
The woman, who holds a full licence in her country of origin, was offered a car by her current employers if she gets a full licence. She applied for a learner permit in October 2018.
However, the NDLS told her she would need to provide evidence of full or “permanent” residency permission which, by virtue of being an asylum seeker, she could not provide.
WRC ruling
The Irish Human Rights and Equality Commission took her case to the Workplace Relations Commission (WRC) which found that the RSA indirectly discriminated against the woman on grounds of race. The WRC ruled that the woman be given a learner permit immediately and awarded her €5,000 compensation.
However, the RSA successfully appealed the WRC’s decision to the Circuit Court on Thursday, which found that the WRC “went substantially beyond its remit” under the Equal Status Acts.
Judge O’Connor said the case was not about the right to a driving licence. It was about alleged discrimination in the course of the woman’s application for a learner permit. The judge said she enjoyed certain rights but these were not the same as those enjoyed by citizens.


theirishtimes--2020-07-30--Rare purple hairstreak butterfly found in Derry wood

A rare butterfly known as the purple hairstreak has been recorded in the Faughan Valley in Derry .
The valley is managed by conservation charity Woodland Trust Northern Ireland which uses transects to investigate changes in habitats rather than simply estimating the number of organisms within it .
Pam Hardeman , a volunteer with the Trust , found the elusive butterfly and recorded the sighting .
“ I was over the moon to find a purple hairstreak .
I was actually photographing a speckled wood that had landed close by when it flew in and landed on a bramble leaf @ @ @ @ @ @ @ was quite a breezy but sunny afternoon so perhaps it was sheltering .
I found it at the entrance to Killaloo woods right at end of my survey and I was so excited to find it.
” The Woodland Trust aims to provide “ havens for wildlife ” and protect ancient and create new native woodlands .
The charity said finding the purple hairstreak in the Faughan Valley reinforces “ how vital it is to protect our green spaces so that biodiversity continues to thrive ” .
Butterfly Conservation Northern Ireland are currently @ @ @ @ @ @ @ of butterflies during the annual Butterfly Count which runs from July 17th to August 9th .
Bronagh Gallagher , site manager for the Faughan Valley said : “ The Woodland Trust manages 50 sites across Northern Ireland so there are plenty of outdoor spaces to go and look for wildlife ; you can even look for butterflies in your own garden .
”

A rare butterfly known as the purple hairstreak has been recorded in the Faughan Valley in Derry.
The valley is managed by conservation charity Woodland Trust Northern Ireland which uses transects to investigate changes in habitats rather than simply estimating the number of organisms within it.
Pam Hardeman, a volunteer with the Trust, found the elusive butterfly and recorded the sighting.
“I was over the moon to find a purple hairstreak. I was actually photographing a speckled wood that had landed close by when it flew in and landed on a bramble leaf,” she said.
READ MORE
“It was quite a breezy but sunny afternoon so perhaps it was sheltering. I found it at the entrance to Killaloo woods right at end of my survey and I was so excited to find it.”
The Woodland Trust aims to provide “havens for wildlife” and protect ancient and create new native woodlands.
The charity said finding the purple hairstreak in the Faughan Valley reinforces “how vital it is to protect our green spaces so that biodiversity continues to thrive”.
Butterfly Conservation Northern Ireland are currently encouraging the public to record any sightings of butterflies during the annual Butterfly Count which runs from July 17th to August 9th.
Bronagh Gallagher, site manager for the Faughan Valley said: "The Woodland Trust manages 50 sites across Northern Ireland so there are plenty of outdoor spaces to go and look for wildlife; you can even look for butterflies in your own garden."


theirishtimes--2020-07-30--Pet food factory shut down after number of employees contract coronavirus

A pet food factory employing hundreds of staff in Co Kildare has been shut down after a number of employees contracted coronavirus .
Irish Dog Foods took the decision to close its plant in Naas last Friday after the outbreak was discovered .
A spokesman for the company would not disclose how many workers have tested positive for the disease or exactly when it was discovered .
However , the State ’ s acting chief medical officer Dr Ronan Glynn said on Thursday there had been 30-40 cases at the plant .
Those infected are in quarantine while the company @ @ @ @ @ @ @ to manage the outbreak .
Some 200 workers are usually based at the plant , where the company said it had a raft of public health measures in place – including social distancing and temperature checks – to combat any spread of the virus .
“ Irish Dog Foods have been informed that a number of our employees in Naas have tested positive for coronavirus/Covid-19 , ” the company spokesman said .
“ The individuals involved are now self-isolating and we remain in contact with them to ensure they have the support they @ @ @ @ @ @ @ with the HSE and will continue to follow their advice at all times in how we manage this issue .
“ In consultation with the HSE , we have closed the facility in question to enable a deep cleaning to be carried out.
” The spokesman said staff wellbeing and safety is paramount for the company and that it had “ a full range of measures in place including appropriate PPE ( personal protection equipment ) , enhanced cleaning and hygiene regimes , social distancing measures , temperature screening and regular staff health @ @ @ @ @ @ @ combat the virus.
” Irish Dog Foods is part of the Queally Group , which also owns Dawn Fresh Foods .
Founded in the mid-1990s , the company produces pet foods and treats at five manufacturing facilities for the Irish and overseas markets .
The outbreak comes as an infectious diseases expert warned that Ireland is in the midst of a “ multitude of second ripples ” of the virus which will continue for some time .
Prof Sam McConkey , head of the department of international health and tropical medicine at the @ @ @ @ @ @ @ the “ ripples ” – rather than a second wave – could be contained with strict public health measures .
“ We are having little outbreaks in a building site here , in another workplace there .
.
.
we are already seeing multiple second ripples , and we need in place really effective ways of getting testing , getting contact tracing done and maintaining the strict self-isolation and then changes to the workplace and changes to people ’ s activity so people don ’ t spread it.
” Mr McConkey said the @ @ @ @ @ @ @ ” for some time .
His assessment follows remarks this week by Margaret Harris , spokeswoman for the World Health Organisation , that the pandemic is “ going to be one big wave ” rather than a series of waves .
“ It ’ s going to go up and down a bit .
The best thing is to flatten it and turn it into just something lapping at your feet , ” she said .
Mr McConkey told RTÉ ’ s Today with Sarah McInerney on Wednesday if people in Ireland “ @ @ @ @ @ @ @ have all been asked to do ” then it may be possible “ to have a good life , with schools and pubs and socialising going on , without a massive increase in the virus ” .

Those infected are in quarantine while the company is working with the Health Service Executive to manage the outbreak. File photograph: Alan Betson
A pet food factory employing hundreds of staff in Co Kildare has been shut down after a number of employees contracted coronavirus.
Irish Dog Foods took the decision to close its plant in Naas last Friday after the outbreak was discovered.
A spokesman for the company would not disclose how many workers have tested positive for the disease or exactly when it was discovered. However, the State’s acting chief medical officer Dr Ronan Glynn said on Thursday there had been 30-40 cases at the plant.
Those infected are in quarantine while the company is working with the Health Service Executive to manage the outbreak.
READ MORE
Some 200 workers are usually based at the plant, where the company said it had a raft of public health measures in place – including social distancing and temperature checks – to combat any spread of the virus.
“Irish Dog Foods have been informed that a number of our employees in Naas have tested positive for coronavirus/Covid-19,” the company spokesman said.
“The individuals involved are now self-isolating and we remain in contact with them to ensure they have the support they require.
“We are working closely with the HSE and will continue to follow their advice at all times in how we manage this issue.
“In consultation with the HSE, we have closed the facility in question to enable a deep cleaning to be carried out.”
Safety
The spokesman said staff wellbeing and safety is paramount for the company and that it had “a full range of measures in place including appropriate PPE (personal protection equipment), enhanced cleaning and hygiene regimes, social distancing measures, temperature screening and regular staff health and hygiene training and communications to help combat the virus.”
Irish Dog Foods is part of the Queally Group, which also owns Dawn Fresh Foods.
Founded in the mid-1990s, the company produces pet foods and treats at five manufacturing facilities for the Irish and overseas markets.
The outbreak comes as an infectious diseases expert warned that Ireland is in the midst of a "multitude of second ripples" of the virus which will continue for some time.
Prof Sam McConkey, head of the department of international health and tropical medicine at the Royal College of Surgeons Ireland, suggested the “ripples” – rather than a second wave – could be contained with strict public health measures.
“We are having little outbreaks in a building site here, in another workplace there . . . we are already seeing multiple second ripples, and we need in place really effective ways of getting testing, getting contact tracing done and maintaining the strict self-isolation and then changes to the workplace and changes to people’s activity so people don’t spread it.”
Mr McConkey said the ripples of infection “unfortunately will continue” for some time.
His assessment follows remarks this week by Margaret Harris, spokeswoman for the World Health Organisation, that the pandemic is "going to be one big wave" rather than a series of waves.
“It’s going to go up and down a bit. The best thing is to flatten it and turn it into just something lapping at your feet,” she said.
Mr McConkey told RTÉ’s Today with Sarah McInerney on Wednesday if people in Ireland “keep on message and do what we have all been asked to do” then it may be possible “to have a good life, with schools and pubs and socialising going on, without a massive increase in the virus”.


theirishtimes--2020-07-30--One death and 85 new cases in State ‘shows how quickly Covid-19 can re-emerge’

There has been a sharp and worrying escalation in the number of new Covid-19 cases in the State , according to the National Public Health Emergency Team ( NPHET ) .
At its briefing this evening NPHET said 85 new cases of Covid-19 , the highest number of new cases in one day since May 22nd , were diagnosed today and it has also been notified of one additional death .
The new cases bring to 26,027 the total of confirmed cases .
The new confirmed death – and two previously announced cases which were denotified – means the death @ @ @ @ @ @ @ the pandemic began now stands at 1,763 .
A factory in Kildare and at least two direct provision centres in the Midlands where some of the workers lived , had created a cluster of infection .
Construction sites were also connected to the sudden increase , health officials said .
Acting chief medical officer Dr Ronan Glynn said : “ We are very concerned.
” He said 68 per cent of the new cases were in people under 45 years-of-age “ I hope this is a blip , I hope we see a @ @ @ @ @ @ @ ” he said .
He said the factory in Co Kildare had seen 30 to 40 positive cases .
Not all tests have been returned yet .
A total of 18 of Thursday ’ s tally were associated with this factory which has since been closed .
“ We need to watch this extremely closely , we need to see in particular what happens tomorrow and the next day .
“ Next week is very far away at this point , we will be monitoring this on the hours , ” he said @ @ @ @ @ @ @ for a knee-jerk reaction .
We do understand where the vast majority of these cases have come from .
The question now is what happens next.
” Over the last 14 days 331 new cases have been notified .
Dr Glynn said : “ Today ’ s figures demonstrate how quickly Covid-19 can remerge in our country .
“ We are now at a crucial point in our response to Covid-19 .
Over the coming days it is vital that everyone continues to avoid large crowds , physically distance , wear face coverings @ @ @ @ @ @ @ At the briefing the public experts also said infection control experts were working with the direct provision centres A smaller number of cases were associated with the construction industry and others with households and extended families , reporters were told .
“ We are now at a crucial point in our response to Covid-19.
” Professor Philip Nolan , chair of the Irish Epidemiological Modelling Advisory Group , said : “ Over a two-day period Ireland moved from a relatively stable epidemiology to a significant pattern connected to outbreaks .
“ We now @ @ @ @ @ @ @ to public health advice so we do not further spread the virus.
” He said as of Tuesday models put the R-number in the State at just below one , but there was significant uncertainty around the current estimates , he said .
The HSE said 26 of the new cases are located in Kildare , 18 in Dublin , 11 in Clare , nine in Laois , seven in Limerick , four in Meath and the remainder were spread across seven other counties .
It said 60 per cent of the cases @ @ @ @ @ @ @ a confirmed case .
The Republic is following a staged plan for relaxing restrictions designed to limit spread of the disease .
But concerns over the rate of new cases prompted a decision to defer some reopenings and at the briefing Dr Glynn said it was too early to say if , as planned , further restrictions would be unwound next week .
Tánaiste Leo Varadkar said earlier on Thursday that he hoped pubs that do not serve food could reopen for business on August 10th , but there are no guarantees .
@ @ @ @ @ @ @ Government to release guidelines that will allow them to reopen safely , after their previous reopening date was delayed due to an increase in coronavirus cases earlier this month .
Dr Glynn said it was too early to say when a decision would be taken .
Hospitality group Fáilte Ireland is expected to publish reopening guidelines for pubs in the coming days .

Dr Ronan Glynn, acting chief medical officer (left) and professor Philip Nolan, chair of NPHET Irish epidemiological modelling advisory group have warned about a sudden and sharp increase in Covid-19 cases. Photograph: Collins
There has been a sharp and worrying escalation in the number of new Covid-19 cases in the State, according to the National Public Health Emergency Team (NPHET).
At its briefing this evening NPHET said 85 new cases of Covid-19, the highest number of new cases in one day since May 22nd, were diagnosed today and it has also been notified of one additional death.
The new cases bring to 26,027 the total of confirmed cases. The new confirmed death – and two previously announced cases which were denotified – means the death toll from Covid-19 in the State since the pandemic began now stands at 1,763.
A factory in Kildare and at least two direct provision centres in the Midlands where some of the workers lived, had created a cluster of infection.
READ MORE
Construction sites were also connected to the sudden increase, health officials said.
Acting chief medical officer Dr Ronan Glynn said: "We are very concerned."
He said 68 per cent of the new cases were in people under 45 years-of-age
“I hope this is a blip, I hope we see a much smaller number of cases tomorrow,” he said.
He said the factory in Co Kildare had seen 30 to 40 positive cases.
Not all tests have been returned yet.
A total of 18 of Thursday’s tally were associated with this factory which has since been closed.
“We need to watch this extremely closely, we need to see in particular what happens tomorrow and the next day.
“Next week is very far away at this point, we will be monitoring this on the hours,” he said.
“Now is not the time for a knee-jerk reaction. We do understand where the vast majority of these cases have come from. The question now is what happens next.”
Over the last 14 days 331 new cases have been notified.
Dr Glynn said: “Today’s figures demonstrate how quickly Covid-19 can remerge in our country.
“We are now at a crucial point in our response to Covid-19. Over the coming days it is vital that everyone continues to avoid large crowds, physically distance, wear face coverings where appropriate and wash hands regularly.”
At the briefing the public experts also said infection control experts were working with the direct provision centres
A smaller number of cases were associated with the construction industry and others with households and extended families, reporters were told.
“We are now at a crucial point in our response to Covid-19.”
Professor Philip Nolan, chair of the Irish Epidemiological Modelling Advisory Group, said: "Over a two-day period Ireland moved from a relatively stable epidemiology to a significant pattern connected to outbreaks.
“We now need to be really careful and adhere to public health advice so we do not further spread the virus.”
He said as of Tuesday models put the R-number in the State at just below one, but there was significant uncertainty around the current estimates, he said.
The HSE said 26 of the new cases are located in Kildare, 18 in Dublin, 11 in Clare, nine in Laois, seven in Limerick, four in Meath and the remainder were spread across seven other counties.
It said 60 per cent of the cases were not associated with close contacts of a confirmed case.
The Republic is following a staged plan for relaxing restrictions designed to limit spread of the disease. But concerns over the rate of new cases prompted a decision to defer some reopenings and at the briefing Dr Glynn said it was too early to say if, as planned, further restrictions would be unwound next week.
Tánaiste Leo Varadkar said earlier on Thursday that he hoped pubs that do not serve food could reopen for business on August 10th, but there are no guarantees.
Pub lobby groups have called on the Government to release guidelines that will allow them to reopen safely, after their previous reopening date was delayed due to an increase in coronavirus cases earlier this month.
Dr Glynn said it was too early to say when a decision would be taken.
Hospitality group Fáilte Ireland is expected to publish reopening guidelines for pubs in the coming days.


theirishtimes--2020-07-30--Global warming: Should we be worried about coastal flooding?

An evaluation of global coastal flooding risk up to the end of the century , including possible impact on economies and those living on coastlines , puts northwestern Europe firmly with regions in the most vulnerable category .
That Ireland is not at the worst level of risk within that region is not much consolation , given researchers at the University of Melbourne and the University of East Anglia indicate much of Ireland ’ s east coast , south west and western seaboard is vulnerable in an extreme scenario where sea level rise and a storm episode combine .
The @ @ @ @ @ @ @ rise – 5m to 9m – is predicted for the northwest and east of England , south Wales , northwest France and northern Germany .
It shows Ireland is highly affected by storm surges , says Dr Lisa Orme – an expert on coastal and storm risk at Maynooth University .
Moreover , by the end of the 21st century storm surges 2.5m to 5m are predicted .
“ It is important , however , to note the study doesn ’ t consider possible changes in storm frequency or intensity , changes in @ @ @ @ @ @ @ our society , such as urbanisation .
If these increase in future there is likely to be a higher frequency of coastal flooding events in future in Ireland , ” says Orme .
Up to fairly recently scientists could not pin particular extreme weather events to rising greenhouse gas emissions .
But of late they have become much more accurate on estimating if a natural disaster is due to global warming caused by human-induced emissions .
The science is called “ extreme event attribution ” .
It entails comparisons between real observations of @ @ @ @ @ @ @ world with and without the approximate one degree increase caused so far since pre-industrial times .
The same applies to modelling of flooding scenarios , as outlined by this latest research of coastal flooding risk – that the exercise is possible up the end of the century is remarkable .
Climate science sceptics have been critical of such studies in the past , claiming insufficient account is taken of the ability of countries to adapt to a warming world and of human resourcefulness , not to mention extreme flooding defences already in place @ @ @ @ @ @ @ the sheer scale of impact is likely to be far greater than unreliable predictions of the past .
In such circumstances , banking on “ we will adjust on time ” seems reckless .
What Irish cities are at risk ?
Already it is clear that all major Irish cities , which are at the mouth of estuaries , are vulnerable – with Cork and Galway most at risk .
Dublin by virtue of sheer size and proximity to the coast risks experiencing most damage , as recent projections by Gamma Location Intelligence @ @ @ @ @ @ @ researchers have combined many factors and outlined efforts to make their modelling as robust as possible .
“ Required simplifications may result in local errors but the model adopted reproduces extreme sea levels to reasonable accuracy at national and global scale , ” they note .
Although the public tends to focus on rate and magnitude of increase in mean sea level , the threats of coastal flooding and erosion are significantly affected by episodic storm surges and wave patterns ( including temporary increase in mean water level caused by breaking waves ) @ @ @ @ @ @ @ in relation to astronomical tides .
Temperature increases will cause sea levels to rise and bring about more extreme weather events , leading to greater and more frequent coastal flooding , notably due to storm surges – Ireland is already overdue a 3m storm surge , long before the end of the century .

Ireland is overdue a 3m storm surge, long before the end of the century. File photograph: The Irish Times
An evaluation of global coastal flooding risk up to the end of the century, including possible impact on economies and those living on coastlines, puts northwestern Europe firmly with regions in the most vulnerable category.
That Ireland is not at the worst level of risk within that region is not much consolation, given researchers at the University of Melbourne and the University of East Anglia indicate much of Ireland's east coast, south west and western seaboard is vulnerable in an extreme scenario where sea level rise and a storm episode combine.
The highest level of extreme episodic sea level rise – 5m to 9m – is predicted for the northwest and east of England, south Wales, northwest France and northern Germany.
It shows Ireland is highly affected by storm surges, says Dr Lisa Orme – an expert on coastal and storm risk at Maynooth University. Moreover, by the end of the 21st century storm surges 2.5m to 5m are predicted.
READ MORE
“It is important, however, to note the study doesn’t consider possible changes in storm frequency or intensity, changes in the amount of rainfall or changes in our society, such as urbanisation. If these increase in future there is likely to be a higher frequency of coastal flooding events in future in Ireland,” says Orme.
Up to fairly recently scientists could not pin particular extreme weather events to rising greenhouse gas emissions. But of late they have become much more accurate on estimating if a natural disaster is due to global warming caused by human-induced emissions. The science is called “extreme event attribution”.
It entails comparisons between real observations of weather events and computer simulations of a world with and without the approximate one degree increase caused so far since pre-industrial times.
The same applies to modelling of flooding scenarios, as outlined by this latest research of coastal flooding risk – that the exercise is possible up the end of the century is remarkable.
Climate science sceptics have been critical of such studies in the past, claiming insufficient account is taken of the ability of countries to adapt to a warming world and of human resourcefulness, not to mention extreme flooding defences already in place.
But increasingly reliable data is indicating the sheer scale of impact is likely to be far greater than unreliable predictions of the past. In such circumstances, banking on “we will adjust on time” seems reckless.
What Irish cities are at risk?
Already it is clear that all major Irish cities, which are at the mouth of estuaries, are vulnerable – with Cork and Galway most at risk. Dublin by virtue of sheer size and proximity to the coast risks experiencing most damage, as recent projections by Gamma Location Intelligence suggest.
In this study, the researchers have combined many factors and outlined efforts to make their modelling as robust as possible. “Required simplifications may result in local errors but the model adopted reproduces extreme sea levels to reasonable accuracy at national and global scale,” they note.
Although the public tends to focus on rate and magnitude of increase in mean sea level, the threats of coastal flooding and erosion are significantly affected by episodic storm surges and wave patterns (including temporary increase in mean water level caused by breaking waves) as well as their time of occurrence in relation to astronomical tides.
Temperature increases will cause sea levels to rise and bring about more extreme weather events, leading to greater and more frequent coastal flooding, notably due to storm surges – Ireland is already overdue a 3m storm surge, long before the end of the century.


theirishtimes--2020-07-30--Skellig Michael will remain closed this summer due to Covid-19

The Office of Public Works has confirmed it will not re-open the Skellig Michael UNESCO World Heritage Site for the remainder of the 2020 tourist season due to concerns over Covid-19 and the consequent risk to visitors and boat operators .
The decision was greeted with disappointment by local boat operators in Portmagee and surrounding villages in South Kerry who are heavily dependent on trips to the Skelligs which has grown in popularity as a visitor site since featuring in two of the most recent Star Wars movies .
Donal McCrohan , chairman of the Skelligs Boatmen ’ s Association @ @ @ @ @ @ @ Portmagee , Ballinskelligs and Derrynane , told The Irish Times the OPW decision not to re-open was a disappointment even though it was not entirely a surprise .
“ It ’ s disappointing but to be fair we knew the OPW were completing an assessment and there was nothing guaranteed that the OPW would reverse the decision it made earlier to close for the opening months of the season which starts in mid-May , ” said Mr McCrohan .
“ We would have all preferred if the Skelligs did re-open even though realistically @ @ @ @ @ @ @ of August which leaves us with a very short window because the season normally finishes at the end of September and September is quiet once the kids go back to school .
“ There are a few operators doing sea angling trips but the landing trips ( on to Skellig Michael ) are the bread and butter for most of us - we would have liked to get going ahead but it is what it and this is the outcome and I suppose we just have to look forward to 2021 and come @ @ @ @ @ @ @ announced in early May it was closing the 218 metre high Skellig Michael as a visitor attraction due to concerns over Covid-19 but promised to review the decision as circumstances changed and some lockdown measures were relaxed to allow tourist sites re-open .
On Thursday the OPW explained it had taken the decision not to re-open the island 12kms off the Kerry coast on the basis the risks involved in both the boat voyage and the visitor experience on the island itself could not be addressed sufficiently to guarantee the safety of both @ @ @ @ @ @ @ Commissioner , John McMahon said : “ The opening of this important heritage site , home to one of the earliest monastic settlements in Ireland , had originally been scheduled to take place on 15 May but that was obviously cancelled during the height of the lockdown .
“ What we are announcing this week is the result of our own internal review which was designed to see if things had changed sufficiently for us to perhaps announce a late season and allow public visits during part of August and September at least @ @ @ @ @ @ @ however , we have concluded that this is not feasible and Skellig Michael can not be made safe from Covid-19 for either visitors or staff .
Regretfully therefore , we have to confirm the Skellig Michael site will not reopen for the remainder of the 2020 season.
” Mr McMahon said that the OPW had assessed that there were multiple risks involved both in terms of the boat trip and the visitor path on the island itself and it was not feasible to reopen for even a limited period in August and September @ @ @ @ @ @ @ had consulted with local boatmen and investigated with them the possible changes that might be made in order to make the visitor experience safer but it was clear the scale of the challenge was such that re-opening for August and September was not feasible .
He said that OPW workmen are currently travelling to the island to carry out essential maintenance and other works on the island and its monuments and will continue to do so with a view to the site re-opening for visits in 2021 .

The OPW announced in early May it was closing the 218 metre high Skellig Michael as a visitor attraction due to concerns over Covid-19 but promised to review the decision as circumstances changed and some lockdown measures were relaxed.
The Office of Public Works has confirmed it will not re-open the Skellig Michael UNESCO World Heritage Site for the remainder of the 2020 tourist season due to concerns over Covid-19 and the consequent risk to visitors and boat operators.
The decision was greeted with disappointment by local boat operators in Portmagee and surrounding villages in South Kerry who are heavily dependent on trips to the Skelligs which has grown in popularity as a visitor site since featuring in two of the most recent Star Wars movies.
Donal McCrohan, chairman of the Skelligs Boatmen's Association, which represents 15 licensed operators in Portmagee, Ballinskelligs and Derrynane, told The Irish Times the OPW decision not to re-open was a disappointment even though it was not entirely a surprise.
“It’s disappointing but to be fair we knew the OPW were completing an assessment and there was nothing guaranteed that the OPW would reverse the decision it made earlier to close for the opening months of the season which starts in mid-May,” said Mr McCrohan.
READ MORE
“We would have all preferred if the Skelligs did re-open even though realistically it would probably have been the middle of August which leaves us with a very short window because the season normally finishes at the end of September and September is quiet once the kids go back to school.
“There are a few operators doing sea angling trips but the landing trips (on to Skellig Michael) are the bread and butter for most of us - we would have liked to get going ahead but it is what it and this is the outcome and I suppose we just have to look forward to 2021 and come back with a bang.”
The OPW announced in early May it was closing the 218 metre high Skellig Michael as a visitor attraction due to concerns over Covid-19 but promised to review the decision as circumstances changed and some lockdown measures were relaxed to allow tourist sites re-open.
On Thursday the OPW explained it had taken the decision not to re-open the island 12kms off the Kerry coast on the basis the risks involved in both the boat voyage and the visitor experience on the island itself could not be addressed sufficiently to guarantee the safety of both visitors and OPW staff.
OPW Heritage Commissioner, John McMahon said: "The opening of this important heritage site, home to one of the earliest monastic settlements in Ireland, had originally been scheduled to take place on 15 May but that was obviously cancelled during the height of the lockdown.
“What we are announcing this week is the result of our own internal review which was designed to see if things had changed sufficiently for us to perhaps announce a late season and allow public visits during part of August and September at least.
“Having considered all the issues however, we have concluded that this is not feasible and Skellig Michael cannot be made safe from Covid-19 for either visitors or staff. Regretfully therefore, we have to confirm the Skellig Michael site will not reopen for the remainder of the 2020 season.”
Mr McMahon said that the OPW had assessed that there were multiple risks involved both in terms of the boat trip and the visitor path on the island itself and it was not feasible to reopen for even a limited period in August and September.
He pointed out that the OPW had consulted with local boatmen and investigated with them the possible changes that might be made in order to make the visitor experience safer but it was clear the scale of the challenge was such that re-opening for August and September was not feasible.
He said that OPW workmen are currently travelling to the island to carry out essential maintenance and other works on the island and its monuments and will continue to do so with a view to the site re-opening for visits in 2021.


theirishtimes--2020-07-30--Disabled children affected by ‘extraordinary’ failure to bring 2004 law into force - judge

Disabled children can not have their educational needs assessed by the National Council for Special Education ( NCSE ) because the legislature has not commenced parts of a 2004 Act allowing for referrals by parents , school principals or the HSE , a High Court judge has ruled .
Mr Justice Anthony Barr made the finding when rejecting test cases by three children concerning the assessment process .
“ When one considers that the council has been in existence since October 1st 2005 , that is an extraordinary state of affairs ” , he said .
The children “ are @ @ @ @ @ @ @ can get referrals directly to an education service provider , he said .
But it is “ not satisfactory ” that children with cognitive disabilities which can benefit greatly from early intervention are left “ without any statutory pathway ” to have educational needs assessed by the NCSE as was clearly envisaged when the Education for Persons with Special Needs Act 2004 and the Disability Act 2005 were passed , he said .
He made the finding in significant judgments on Thursday dismissing most of the claims advanced on behalf of three children @ @ @ @ @ @ @ concerning operation of the statutory process for assessment of needs for disabled persons .
The cases were by a six-year-old boy who , following a second assessment in February 2018 , was diagnosed with Autism Spectrum Disorder ( ASD ) and global developmental delay ; an eight-year-old boy with anxiety issues and hyperlexia , ( obsession with letters or numbers ) who is awaiting services ; and a nine-year old-boy whose educational needs were assessed in 2019 after a delay of almost three years and who was awaiting an ASD assessment that same @ @ @ @ @ @ @ times for assessments and alleged inadequacy of service statements for the children .
The outcome of the complex cases centred on construction of provisions of the Disability Act 2005 , particularly section 8 , and the interaction between that Act and provisions of the Education for Persons with Special Needs Act 2004 .
The 2005 Act provides a person found to have a disability within the meaning of that Act can apply for assessment of their health and education needs .
The assessment officer ’ s report goes to a liaison officer who @ @ @ @ @ @ @ what services will be provided and when and where the applicant will get them .
In all three cases , it was argued the HSE was failing to implement , or properly implement , its duties under the 2005 Act concerning assessment of the children ’ s needs .
Among his findings , the judge rejected arguments the HSE was in breach of its obligations in dealing with applications for assessment of needs on a strict chronological basis within each regional area , rather than on a national basis .
He agreed with @ @ @ @ @ @ @ children to be comprehensive , they should be carried out in their home and school environment .
He said the evidence indicated the assessment of needs system generally throughout the country has been improved , with €1.9 billion allocated in 2019 for disability services .
He rejected claims that section 8.3 of the 2005 Act requires an assessment officer , when of opinion an education service may need to be provided to a child , to request the NCSE to assist in carrying out the assessment .
That can not be done because @ @ @ @ @ @ @ he held .
Section 8.9 of the 2005 Act relates to child applicants but that referral pathway is not available due to the non-commencement of sections 3 and 4 of the 2004 Act , dealing with preparation by a school of an educational plan for a disabled child and the assessment of a child by or on behalf of the HSE or Council , he further held .
The “ unfortunate consequence ” of the non-commencement is that a disabled child , who may have educational needs , can not have those assessed @ @ @ @ @ @ @ , he said .
He rejected further claims that , where there is either delay or non-provision of services , a liaison officer must give reasons in statements concerning what services are to be provided to applicants .
He disagreed that a services statement is defective because it does not specify exactly what services will be provided and instead makes a referral of another entity to carry out its own assessment .
He upheld the applicants claim that the HSE had breached its statutory duty to provide the Minister for Health with annual @ @ @ @ @ @ @ of the 2005 Act , concerning , inter alia , the number of applicants for assessment and the “ aggregate needs ” identified .
The HSE had accepted it had produced no such reports since 2014 and that 13 reports provided before 2014 were not published .
Final orders will be made on a later date .

“When one considers that the council has been in existence since October 1st 2005, that is an extraordinary state of affairs”, the judge said.
Disabled children cannot have their educational needs assessed by the National Council for Special Education (NCSE) because the legislature has not commenced parts of a 2004 Act allowing for referrals by parents, school principals or the HSE, a High Court judge has ruled.
Mr Justice Anthony Barr made the finding when rejecting test cases by three children concerning the assessment process.
“When one considers that the council has been in existence since October 1st 2005, that is an extraordinary state of affairs”, he said.
The children “are not completely without redress” because they can get referrals directly to an education service provider, he said. But it is “not satisfactory” that children with cognitive disabilities which can benefit greatly from early intervention are left “without any statutory pathway” to have educational needs assessed by the NCSE as was clearly envisaged when the Education for Persons with Special Needs Act 2004 and the Disability Act 2005 were passed, he said.
READ MORE
He made the finding in significant judgments on Thursday dismissing most of the claims advanced on behalf of three children in separate test cases against the HSE concerning operation of the statutory process for assessment of needs for disabled persons.
The cases were by a six-year-old boy who, following a second assessment in February 2018, was diagnosed with Autism Spectrum Disorder (ASD) and global developmental delay; an eight-year-old boy with anxiety issues and hyperlexia, (obsession with letters or numbers) who is awaiting services; and a nine-year old-boy whose educational needs were assessed in 2019 after a delay of almost three years and who was awaiting an ASD assessment that same year.
Their complaints included about waiting times for assessments and alleged inadequacy of service statements for the children.
The outcome of the complex cases centred on construction of provisions of the Disability Act 2005, particularly section 8, and the interaction between that Act and provisions of the Education for Persons with Special Needs Act 2004.
The 2005 Act provides a person found to have a disability within the meaning of that Act can apply for assessment of their health and education needs. The assessment officer’s report goes to a liaison officer who issues a resource-dependent services statement setting out what services will be provided and when and where the applicant will get them.
In all three cases, it was argued the HSE was failing to implement, or properly implement, its duties under the 2005 Act concerning assessment of the children’s needs.
Among his findings, the judge rejected arguments the HSE was in breach of its obligations in dealing with applications for assessment of needs on a strict chronological basis within each regional area, rather than on a national basis.
He agreed with the HSE that, for assessments of children to be comprehensive, they should be carried out in their home and school environment. He said the evidence indicated the assessment of needs system generally throughout the country has been improved, with €1.9 billion allocated in 2019 for disability services.
He rejected claims that section 8.3 of the 2005 Act requires an assessment officer, when of opinion an education service may need to be provided to a child, to request the NCSE to assist in carrying out the assessment.
That cannot be done because section 8.3 refers to adult applicants, he held.
Section 8.9 of the 2005 Act relates to child applicants but that referral pathway is not available due to the non-commencement of sections 3 and 4 of the 2004 Act, dealing with preparation by a school of an educational plan for a disabled child and the assessment of a child by or on behalf of the HSE or Council, he further held.
The “unfortunate consequence” of the non-commencement is that a disabled child, who may have educational needs, cannot have those assessed by the Council under the 2004 Act, he said.
He rejected further claims that, where there is either delay or non-provision of services, a liaison officer must give reasons in statements concerning what services are to be provided to applicants. He disagreed that a services statement is defective because it does not specify exactly what services will be provided and instead makes a referral of another entity to carry out its own assessment.
He upheld the applicants claim that the HSE had breached its statutory duty to provide the Minister for Health with annual reports, as required under section 13 of the 2005 Act, concerning, inter alia, the number of applicants for assessment and the “aggregate needs” identified. The HSE had accepted it had produced no such reports since 2014 and that 13 reports provided before 2014 were not published.
Final orders will be made on a later date.