theirishtimes--2020-08-18--Judge says Troubles victims denied pensions for political reasons

Victims of the Troubles are being denied pensions amid an apparent deliberate attempt to “ stymie ” the scheme for political reasons , the High Court in Belfast has heard .
Mr Justice McAlinden warned that delays blamed on Sinn Féin Deputy First Minister Michelle O ’ Neill for not designating a department to oversee compensation payments will not be tolerated .
His final verdict in legal challenges by two victims to the continued failure to introduce the scheme will be delivered on Friday .
Jennifier McNern lost both legs in an IRA bomb attack on the Abercorn Restaurant in @ @ @ @ @ @ @ She is seeking to judicially review Northern Ireland ’ s Executive Office over the continued impasse .
Proceedings have also been brought by Brian Turley , one of the so-called ‘ Hooded Men ’ detained and subjected to special interrogation methods by the British military in the early 1970s .
Even though legislation was passed for the pension scheme which should have opened for applications in May , it remains in limbo due to a dispute over eligibility for payments .
Under new guidance anyone convicted of causing serious harm during the Troubles @ @ @ @ @ @ @ claims the British government policy is discriminatory and could unfairly exclude thousands of people within the republican communities .
During the two-day hearing , the judge repeatedly indicated that Ms O ’ Neill , Sinn Féin ’ s most senior representative in the Executive , is ignoring the rule of law by her stance .
“ An argument in relation to who is entitled to compensation is being used as a reason to delay compliance with a statutory duty , ” Mr Justice McAlinden said .
“ In doing so individuals who no-one @ @ @ @ @ @ @ , such as Ms McNern who was blown up on March 4 , 1972 , losing both legs , she has to wait and be kept out of her pension because of a political dispute over who should and should not be entitled to these pensions .
“ I can not think of any other circumstances which would cry out more clearly for a declaration from the court of unlawful behaviour than this scenario.
” The Deputy First Minister made it clear in correspondence to the Secretary of State that she will not @ @ @ @ @ @ @ because of concerns about the eligibility criteria , he pointed out .
“ What we are dealing with here is a quite clear and obvious legal requirement , which appears to have been disregarded for political ends , ” Mr Justice McAlinden said .
“ That seems to be the fundamental striking at the principle of the rule of law , and that ’ s something the court can not ignore and the court can not tolerate .
“ The court must declare unequivocally the primacy of the rule of law.
” Michael @ @ @ @ @ @ @ , contended Ms O ’ Neill had acted in her capacity as vice president of Sinn Féin .
But Mr Justice McAlinden said her position within the Stormont administration , and the obligations to comply with the law , can not be ignored .
The system was supposed to be in place nearly three months ago , he stressed .
“ The only sensible interpretation of what is happening here is that there ’ s been a deliberate decision to try and stymie this scheme because there ’ s a fundamental disagreement ( @ @ @ @ @ @ @ apply for pensions , ” the judge said .
“ You can not mess about and delay taking that step because of a disagreement in terms of who is entitled to apply for compensation.
” Despite efforts made by officials to comply with the law , he said the only remaining barrier is the refusal to assign the scheme to a department .
Rejecting any suggestion of an unlawful delay , Mr Humphreys told the court there was no specific date in the relevant regulations .
The barrister also highlighted progress made in @ @ @ @ @ @ @ and administrative work .
“ That is not ( consistent ) with a body that has thumbed it ’ s nose at the legislation or doesn ’ t believe a scheme should be implemented , ” he added .
Following closing submissions , Mr Justice McAlinden he will give his judgement on Friday .

Sinn Féin Deputy First Minister Michelle O’Neill: accused of ignoring the rule of law by her stance. File Photograph: Joe Boland/EPA
Victims of the Troubles are being denied pensions amid an apparent deliberate attempt to "stymie" the scheme for political reasons, the High Court in Belfast has heard.
Mr Justice McAlinden warned that delays blamed on Sinn Féin Deputy First Minister Michelle O’Neill for not designating a department to oversee compensation payments will not be tolerated.
His final verdict in legal challenges by two victims to the continued failure to introduce the scheme will be delivered on Friday.
Jennifier McNern lost both legs in an IRA bomb attack on the Abercorn Restaurant in Belfast city centre in March 1972. She is seeking to judicially review Northern Ireland’s Executive Office over the continued impasse.
READ MORE
Proceedings have also been brought by Brian Turley, one of the so-called 'Hooded Men' detained and subjected to special interrogation methods by the British military in the early 1970s.
Even though legislation was passed for the pension scheme which should have opened for applications in May, it remains in limbo due to a dispute over eligibility for payments.
Under new guidance anyone convicted of causing serious harm during the Troubles would be ruled out.
Sinn Féin claims the British government policy is discriminatory and could unfairly exclude thousands of people within the republican communities.
During the two-day hearing, the judge repeatedly indicated that Ms O’Neill, Sinn Féin’s most senior representative in the Executive, is ignoring the rule of law by her stance.
“An argument in relation to who is entitled to compensation is being used as a reason to delay compliance with a statutory duty,” Mr Justice McAlinden said.
“In doing so individuals who no-one disputes are entitled to claim these pensions, such as Ms McNern who was blown up on March 4, 1972, losing both legs, she has to wait and be kept out of her pension because of a political dispute over who should and should not be entitled to these pensions.
“I cannot think of any other circumstances which would cry out more clearly for a declaration from the court of unlawful behaviour than this scenario.”
The Deputy First Minister made it clear in correspondence to the Secretary of State that she will not designate a department to run the scheme because of concerns about the eligibility criteria, he pointed out.
“What we are dealing with here is a quite clear and obvious legal requirement, which appears to have been disregarded for political ends,” Mr Justice McAlinden said.
“That seems to be the fundamental striking at the principle of the rule of law, and that’s something the court cannot ignore and the court cannot tolerate.
“The court must declare unequivocally the primacy of the rule of law.”
Michael Humphreys QC, for the Executive Office, contended Ms O’Neill had acted in her capacity as vice president of Sinn Féin.
But Mr Justice McAlinden said her position within the Stormont administration, and the obligations to comply with the law, cannot be ignored.
The system was supposed to be in place nearly three months ago, he stressed.
“The only sensible interpretation of what is happening here is that there’s been a deliberate decision to try and stymie this scheme because there’s a fundamental disagreement (over) who can and cannot apply for pensions,” the judge said.
“You cannot mess about and delay taking that step because of a disagreement in terms of who is entitled to apply for compensation.”
Despite efforts made by officials to comply with the law, he said the only remaining barrier is the refusal to assign the scheme to a department.
Rejecting any suggestion of an unlawful delay, Mr Humphreys told the court there was no specific date in the relevant regulations.
The barrister also highlighted progress made in securing £2.5m of funding for IT systems and administrative work. “That is not (consistent) with a body that has thumbed it’s nose at the legislation or doesn’t believe a scheme should be implemented,” he added.
Following closing submissions, Mr Justice McAlinden he will give his judgement on Friday.


theirishtimes--2020-08-18--Ten arrests following cross-Border searches targeting New IRA suspects

Ten people have been arrested in Northern Ireland after a series of searches targeting so-called New IRA suspects on both sides of the Border .
The operation by the Police Service of Northern Ireland and gardaí is one of the biggest operations of its kind for a number of years .
In the Republic , Garda search teams carried out at least six searches in counties Dublin , Laois , Cork and Kerry .
In reply to queries from The Irish Times , Garda Headquarters in Phoenix Park , Dublin , confirmed the operation , saying the searches in the @ @ @ @ @ @ @ of an operation led by the Police Service of Northern Ireland ” .
It added : “ The searches in this jurisdiction are being carried out at locations in Dublin , Laois , Cork and Kerry and are part of ongoing operations to combat the activities of the New IRA .
“ The searches are being conducted by members of the Special Detective Unit assisted by local gardaí and Regional Armed Support Units.
” The PSNI also confirmed its part of the investigation into the New IRA , with the operation in the @ @ @ @ @ @ @ in the Republic .
While no arrests had been made in the Republic early on Tuesday afternoon , some 10 suspects had been arrested in Northern Ireland .
“ Officers from the Police Service of Northern Ireland have made a number of arrests under the Terrorism Act across Northern Ireland today in connection with an ongoing investigation into the activities of the New IRA , ” the PSNI said in a statement .
The operation comes at a time when the New IRA is understood to be gaining in strength and the security @ @ @ @ @ @ @ , Sinn Féin vice president Michelle O ’ Neill said the New IRA was planning an under car bomb attack on a Sinn Féin member .
She explained at the time that she had been advised of the threat by police in Northern Ireland .
Ms O ’ Neill , Stormont ’ s Deputy First Minister , said officers had warned that dissident republicans were planning to attack her and the party ’ s policing spokesman Gerry Kelly .
It came in response to the pair ’ s attendance at a Police Service @ @ @ @ @ @ @ New IRA was also behind the murder of journalist Lyra McKee , who was shot dead in the Creggan in Derry in April last year .

The searches are being conducted by members of the Special Detective Unit assisted by Armed Support Units. Photograph: Dara Mac Donaill/The Irish Times
Ten people have been arrested in Northern Ireland after a series of searches targeting so-called New IRA suspects on both sides of the Border.
The operation by the Police Service of Northern Ireland and gardaí is one of the biggest operations of its kind for a number of years.
In the Republic, Garda search teams carried out at least six searches in counties Dublin, Laois, Cork and Kerry.
In reply to queries from The Irish Times, Garda Headquarters in Phoenix Park, Dublin, confirmed the operation, saying the searches in the Republic were being conducted "in support of an operation led by the Police Service of Northern Ireland".
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It added: “The searches in this jurisdiction are being carried out at locations in Dublin, Laois, Cork and Kerry and are part of ongoing operations to combat the activities of the New IRA.
“The searches are being conducted by members of the Special Detective Unit assisted by local gardaí and Regional Armed Support Units.”
The PSNI also confirmed its part of the investigation into the New IRA, with the operation in the North more significant in scale than that in the Republic.
While no arrests had been made in the Republic early on Tuesday afternoon, some 10 suspects had been arrested in Northern Ireland.
“Officers from the Police Service of Northern Ireland have made a number of arrests under the Terrorism Act across Northern Ireland today in connection with an ongoing investigation into the activities of the New IRA,” the PSNI said in a statement.
The operation comes at a time when the New IRA is understood to be gaining in strength and the security threat it poses increasing.
In February, Sinn Féin vice president Michelle O’Neill said the New IRA was planning an under car bomb attack on a Sinn Féin member.
She explained at the time that she had been advised of the threat by police in Northern Ireland.
Ms O'Neill, Stormont's Deputy First Minister, said officers had warned that dissident republicans were planning to attack her and the party's policing spokesman Gerry Kelly.
It came in response to the pair’s attendance at a Police Service of Northern Ireland recruitment event.
The New IRA was also behind the murder of journalist Lyra McKee, who was shot dead in the Creggan in Derry in April last year.


theirishtimes--2020-08-18--Foul play ruled out in death of homeless man (35) in Cork city centre

Gardaí have ruled out foul play in the death of a 35-year-old homeless man whose body was found with a head injury near the entrance to a city centre car park in Cork last week .
Officers had been keeping an open mind in relation to the death of Gary Dineen after his body was found near the entrance to Merchant ’ s Quay Car Park on Parnell Place in Cork on August 12th .
A postmortem by Assistant State Pathologist Dr Margaret Bolster had confirmed Mr Dineen suffered serious trauma to the head but gardaí continued to investigate how @ @ @ @ @ @ @ that Mr Dineen may have been dead and his body lying on Merchant Street , a cul-de-sac near the entrance to the car park , for several days before his remains were found on August 12th .
They began examining CCTV footage from the area and have established that Mr Dineen entered the Merchant Quay Car Park on his own at about 8pm on the evening of August 8th .
And they believed he sustained his fatal head injury when he fell from one of the floors of the car park on to @ @ @ @ @ @ @ found four days later .
Gardaí investigating Mr Dineen ’ s death will now prepare a file , including the results of the postmortem , on the tragedy for an inquest at the Cork City Coroner ’ s Court to be held later in the year .
A native of Alexandra Place in St Luke ’ s in Cork , Mr Dineen is survived by his father , Don , his sister Kathryn and his young sons , Jake and Issac , and he will be buried following a private family funeral .
@ @ @ @ @ @ @ issues , had been homeless and living on the streets for about 12 years and he was fondly remembered by those working with the homeless in Cork .
Caitriona Twomey of Cork Penny Dinners said that Mr Dineen was a familiar figure , calling to their centre on Little Hanover Street off Sheares Street to avail of hot meals on a daily basis .
“ Gary would have come every day for his dinner and we used to see him at night too around the streets – he had his demons like everybody @ @ @ @ @ @ @ bother , ” said Ms Twomey .
“ He was very interested in music and he made some stuff and he would show us that and we would listen to it on his phone .
“ He was very proud of his music and he always wanted to make a career of that – that would be the one thing we would talk about – he had a dream that he could make this come true .
”

Gardaí have ruled out foul play in the death of a 35-year-old homeless man whose body was found with a head injury near the entrance to a city centre car park in Cork last week.
Officers had been keeping an open mind in relation to the death of Gary Dineen after his body was found near the entrance to Merchant's Quay Car Park on Parnell Place in Cork on August 12th.
A postmortem by Assistant State Pathologist Dr Margaret Bolster had confirmed Mr Dineen suffered serious trauma to the head but gardaí continued to investigate how he sustained the injury.
Gardaí believed that Mr Dineen may have been dead and his body lying on Merchant Street, a cul-de-sac near the entrance to the car park, for several days before his remains were found on August 12th.
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They began examining CCTV footage from the area and have established that Mr Dineen entered the Merchant Quay Car Park on his own at about 8pm on the evening of August 8th.
And they believed he sustained his fatal head injury when he fell from one of the floors of the car park on to Merchant Street below where his body was found four days later.
Gardaí investigating Mr Dineen’s death will now prepare a file, including the results of the postmortem, on the tragedy for an inquest at the Cork City Coroner’s Court to be held later in the year.
A native of Alexandra Place in St Luke's in Cork, Mr Dineen is survived by his father, Don, his sister Kathryn and his young sons, Jake and Issac, and he will be buried following a private family funeral.
Mr Dineen, who had battled addiction issues, had been homeless and living on the streets for about 12 years and he was fondly remembered by those working with the homeless in Cork.
Caitriona Twomey of Cork Penny Dinners said that Mr Dineen was a familiar figure, calling to their centre on Little Hanover Street off Sheares Street to avail of hot meals on a daily basis.
“Gary would have come every day for his dinner and we used to see him at night too around the streets – he had his demons like everybody else but he wasn’t any bother,” said Ms Twomey.
“He was very interested in music and he made some stuff and he would show us that and we would listen to it on his phone.
“He was very proud of his music and he always wanted to make a career of that – that would be the one thing we would talk about – he had a dream that he could make this come true.”


theirishtimes--2020-08-18--Alleged poachers fired shot when confronted by fisheries protection officers

A firearm was discharged by alleged poachers during an incident in which inland fishery officers seized a boat , net and nine wild salmon in Co Tipperary .
The confrontation between fisheries protection officers and the alleged poachers took place on the River Suir on July 28th .
According to Inland Fisheries Ireland , the incident happened when a routine patrol of fisheries protection officers encountered a number of people at the waterside near Carrick-on-Suir .
The State body said a firearm was discharged and gardaí were alerted .
Nobody was injured .
Following the incident Inland Fisheries Ireland issued @ @ @ @ @ @ @ purchase wild salmon which carry either a green or white gill tag through the fish ’ s mouth .
Atlantic Salmon tend to cross the Atlantic from the Americas to return to the location where they were spawned , often travelling thousands of kilometres to their home river , to spawn .
Many obstacles can be put in their way including environmental pollution and poaching which makes the survival of Atlantic wild salmon a cause of concern .
Inland Fisheries Ireland described the alleged poachers ’ use of nets as “ illegal and @ @ @ @ @ @ @ McInerney , director of Inland Fisheries Ireland said : “ The salmon caught by this illegal net were on the final leg of an arduous journey to reach their native spawning rivers .
The fish were fresh in from the sea , having survived a journey from either the coastal waters off west Greenland or the Faroe Island , before being cruelly killed by an illegal net , a few miles from their final destination ” .
Mr McInerney said “ it can not be stressed enough that nobody should purchase wild salmon @ @ @ @ @ @ @ or white gill tag through the mouth and gill clearly displaying the name Inland Fisheries Ireland ” .
He also said he would like to highlight the “ dedication and courage ” demonstrated by the officers in tackling illegal fishing “ in the face of significant personal danger ” .
Anyone with information on incidents of water pollution , illegal fishing and fish kills is asked to phone a confidential telephone number -1890 34 74 24 or 1890 FISH 24 .

Anyone with information on incidents of water pollution, illegal fishing and fish kills is asked to phone a confidential telephone number -1890 34 74 24 or 1890 FISH 24.
A firearm was discharged by alleged poachers during an incident in which inland fishery officers seized a boat, net and nine wild salmon in Co Tipperary.
The confrontation between fisheries protection officers and the alleged poachers took place on the River Suir on July 28th.
According to Inland Fisheries Ireland, the incident happened when a routine patrol of fisheries protection officers encountered a number of people at the waterside near Carrick-on-Suir. The State body said a firearm was discharged and gardaí were alerted. Nobody was injured.
Following the incident Inland Fisheries Ireland issued an appeal to the public to only purchase wild salmon which carry either a green or white gill tag through the fish’s mouth.
READ MORE
Atlantic Salmon tend to cross the Atlantic from the Americas to return to the location where they were spawned, often travelling thousands of kilometres to their home river, to spawn. Many obstacles can be put in their way including environmental pollution and poaching which makes the survival of Atlantic wild salmon a cause of concern.
Inland Fisheries Ireland described the alleged poachers’ use of nets as “illegal and highly damaging environmental crime”.
David McInerney, director of Inland Fisheries Ireland said: “The salmon caught by this illegal net were on the final leg of an arduous journey to reach their native spawning rivers. The fish were fresh in from the sea, having survived a journey from either the coastal waters off west Greenland or the Faroe Island, before being cruelly killed by an illegal net, a few miles from their final destination”.
Mr McInerney said “it cannot be stressed enough that nobody should purchase wild salmon that does not carry either a green or white gill tag through the mouth and gill clearly displaying the name Inland Fisheries Ireland”.
He also said he would like to highlight the “dedication and courage” demonstrated by the officers in tackling illegal fishing “in the face of significant personal danger”.
Anyone with information on incidents of water pollution, illegal fishing and fish kills is asked to phone a confidential telephone number -1890 34 74 24 or 1890 FISH 24.


theirishtimes--2020-08-18--Gardaí arrest two men in shop thefts investigation

Gardaí investigating thefts from shops by an organised crime gang have arrested two men .
The thefts took place in @ @ @ @ @ , Meath and Kilkenny in July and August of this year .
As part of @ @ @ @ @ a property in Straffan , Co Kildare , on Monday .
“ A number of @ @ @ @ @ were recovered from this property .
Two males , one in his 20s and one @ @ @ @ @ arrested at the scene , ” the Garda press office said in a statement .
@ @ @ @ @ being detained under Section 4 of the Criminal Justice Act 1984 at Blackrock Garda station @ @

Gardaí have arrested two men after searching a Co Kildare house. File photograph: The Irish Times
Gardaí investigating thefts from shops by an organised crime gang have arrested two men.
The thefts took place in Dublin, Wicklow, Galway, Meath and Kilkenny in July and August of this year.
As part of their investigation, gardaí searched a property in Straffan, Co Kildare, on Monday.
“A number of items believed to be stolen were recovered from this property. Two males, one in his 20s and one in his 30s, were arrested at the scene,” the Garda press office said in a statement.
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“Both men are currently being detained under Section 4 of the Criminal Justice Act 1984 at Blackrock Garda station.”


theirishtimes--2020-08-18--Court cuts whiplash compensation, says injury awards should ‘not be a lottery’

The Court of Appeal has made a significant personal injuries ruling where it reduced the compensation given for soft tissue injuries suffered in a road traffic collision , and noted that personal injury awards should “ not be a lottery ” .
The court said in the field of personal injuries litigation , “ some judges were viewed as more generous or parsimonious in their awards than others ” and that this could be a source of injustice .
The ruling , by Mr Justice Seamus Noonan , supported by Ms Justice Máire Whelan and Mr Justice Ann Power , @ @ @ @ @ @ @ Insurance Reform .
Mr Justice Noonan is a member of the Personal Injuries Guidelines Committee of the Judicial Council , which is due to present draft guidelines on personal injury awards to the council ’ s board at the end of October .
The guidelines will eventually replace the Book of Quantum , the latest edition of which dates from 2016 .
The book is designed to give guidance on the assessment of personal injury awards .
Produced by the Personal Injuries Assessment Board , the courts are obliged to have regard to @ @ @ @ @ @ @ it is seldom referred to by lawyers or judges in court cases , Mr Justice Noonan said .
He said that in the case being considered the trial judge had only made a “ fleeting reference ” to it .
“ Unfortunately , the judgment of the trial judge gives little insight into how the amount awarded was arrived at , ” he said .
“ I am satisfied that by any reasonable measure it can not be viewed as proportionate.
” He reduced the overall award of €76,000 made by the High @ @ @ @ @ @ @ likely to influence other awards of the lower , soft-tissue type , which constitute a huge proportion of the number of awards made annually , and to see increased regard being paid to the Book of Quantum .
Mr Justice Noonan said while there was reason to consider the soft-tissue back injuries suffered by the plaintiff to be in the minor catagory , as defined by the Book of Quantum , he would in deference to the findings of the judge who had heard the case at High Court level , place them @ @ @ @ @ @ @ The case he ruled on last week involved injuries suffered by a home carer , Emma McKeown , who was 30 when the car she was driving on the Newry Road , Dundalk , was crashed into while being overtaken by the jeep of the defendants - Alan Crosby and Mary Vocella .
Liability was not an issue .
In the High Court Ms McKeown was awarded overall damages of€76,000 by Ms Justice Bronagh O ’ Hanlon , sitting in Dundalk , after a sitting that lasted approximately half an hour .
The @ @ @ @ @ @ @ .
Ms McKeown said she suffered injuries to her shoulder , arm and back .
She attended her GP on the evening of the accident and on a number of occasions afterwards , but no written evidence was produced to the court about this .
Medical reports were presented from Mr Alan Walsh , Orthopaedic Surgeon , from Our Lady ’ s Hospital , Navan .
“ It seems clear that the plaintiff consulted her solicitors very shortly after the accident as they arranged an appointment for her with Mr Walsh on the @ @ @ @ @ @ @ weeks after the accident , ” Mr Justice Noonan said .
“ None of Mr Walsh ’ s reports give details of any treatment he afforded the plaintiff and it must , therefore , be assumed that the plaintiff saw Mr Walsh for medico-legal purposes only.
” Ms McKeown was off work for six weeks and suffered lower back pain and numbness affecting her left hand and fingers .
Mr Walsh felt the symptoms were likely to improve significantly over a one to two year period with a focused rehabilitation programme and analgesia @ @ @ @ @ @ @ chance of low level symptoms persisting .
Other symptoms in the neck and upper back resolved after a period of months .
Mr Justice Noonan noted that the assessment of damages is not amenable to scientific analysis and must take account of societal factors , be fair and reasonable , and have regard to general living standards in the country .
In the modern context , he said , societal factors “ undoubtedly include the cost of liability insurance be it motor , public or employer ’ s liability .
“ The cost @ @ @ @ @ @ @ people and businesses , a significant outgoing .
The extent to which awards by courts influence that cost is , in recent times , a matter of widespread public discourse , debate and dispute.
” Ultimately each member of society must bear the cost of a compensation system whether through the payment of insurance premia in the case of private defendants or taxes in the case of public defendants , he said .
Society thus has a direct interest in the level of court awards .
Consistency of judgments was fundamental to the @ @ @ @ @ @ @ Quantum , which had been available to the courts for years , “ has had a surprisingly limited impact on the level of awards ” .
Judicial considerations of the book were “ relatively sparse ” .
While the value of the book may be limited for a variety of reasons , “ it does at least recognise that there are different categories of severity of injury , each of which has an approximate band of values .
”

Mr Justice Seamus Noonan is a member of the Personal Injuries Guidelines Committee of the Judicial Council, which is due to present draft guidelines on personal injury awards to the council’s board at the end of October.
The Court of Appeal has made a significant personal injuries ruling where it reduced the compensation given for soft tissue injuries suffered in a road traffic collision, and noted that personal injury awards should “not be a lottery”.
The court said in the field of personal injuries litigation, “some judges were viewed as more generous or parsimonious in their awards than others” and that this could be a source of injustice.
The ruling, by Mr Justice Seamus Noonan, supported by Ms Justice Máire Whelan and Mr Justice Ann Power, has been welcomed by the Alliance for Insurance Reform.
Mr Justice Noonan is a member of the Personal Injuries Guidelines Committee of the Judicial Council, which is due to present draft guidelines on personal injury awards to the council’s board at the end of October.
READ MORE
The guidelines will eventually replace the Book of Quantum, the latest edition of which dates from 2016. The book is designed to give guidance on the assessment of personal injury awards.
Produced by the Personal Injuries Assessment Board, the courts are obliged to have regard to the Book of Quantum but in fact it is seldom referred to by lawyers or judges in court cases, Mr Justice Noonan said.
He said that in the case being considered the trial judge had only made a “fleeting reference” to it.
“Unfortunately, the judgment of the trial judge gives little insight into how the amount awarded was arrived at,” he said.
“I am satisfied that by any reasonable measure it cannot be viewed as proportionate.”
He reduced the overall award of €76,000 made by the High Court to €41,000.
The ruling is likely to influence other awards of the lower, soft-tissue type, which constitute a huge proportion of the number of awards made annually, and to see increased regard being paid to the Book of Quantum.
Mr Justice Noonan said while there was reason to consider the soft-tissue back injuries suffered by the plaintiff to be in the minor catagory, as defined by the Book of Quantum, he would in deference to the findings of the judge who had heard the case at High Court level, place them in the minor to moderate category.
The case he ruled on last week involved injuries suffered by a home carer, Emma McKeown, who was 30 when the car she was driving on the Newry Road, Dundalk, was crashed into while being overtaken by the jeep of the defendants - Alan Crosby and Mary Vocella.
Liability was not an issue.
In the High Court Ms McKeown was awarded overall damages of€76,000 by Ms Justice Bronagh O’Hanlon, sitting in Dundalk, after a sitting that lasted approximately half an hour.
The defendants appealed the size of the award.
Ms McKeown said she suffered injuries to her shoulder, arm and back. She attended her GP on the evening of the accident and on a number of occasions afterwards, but no written evidence was produced to the court about this.
Medical reports were presented from Mr Alan Walsh, Orthopaedic Surgeon, from Our Lady's Hospital, Navan.
“It seems clear that the plaintiff consulted her solicitors very shortly after the accident as they arranged an appointment for her with Mr Walsh on the 14th April, 2017, barely three weeks after the accident,” Mr Justice Noonan said.
“None of Mr Walsh’s reports give details of any treatment he afforded the plaintiff and it must, therefore, be assumed that the plaintiff saw Mr Walsh for medico-legal purposes only.”
Ms McKeown was off work for six weeks and suffered lower back pain and numbness affecting her left hand and fingers.
Mr Walsh felt the symptoms were likely to improve significantly over a one to two year period with a focused rehabilitation programme and analgesia when required, though there was a chance of low level symptoms persisting. Other symptoms in the neck and upper back resolved after a period of months.
Mr Justice Noonan noted that the assessment of damages is not amenable to scientific analysis and must take account of societal factors, be fair and reasonable, and have regard to general living standards in the country.
In the modern context, he said, societal factors “undoubtedly include the cost of liability insurance be it motor, public or employer’s liability.
“The cost of such insurance is for most ordinary people and businesses, a significant outgoing. The extent to which awards by courts influence that cost is, in recent times, a matter of widespread public discourse, debate and dispute.”
Ultimately each member of society must bear the cost of a compensation system whether through the payment of insurance premia in the case of private defendants or taxes in the case of public defendants, he said. Society thus has a direct interest in the level of court awards.
Consistency of judgments was fundamental to the concept of fairness but the Book of Quantum, which had been available to the courts for years, “has had a surprisingly limited impact on the level of awards”. Judicial considerations of the book were “relatively sparse”.
While the value of the book may be limited for a variety of reasons, “it does at least recognise that there are different categories of severity of injury, each of which has an approximate band of values.”


theirishtimes--2020-08-18--Heavy rain and wind batter Ireland with more weather warnings expected

The miserable weather is set to continue for those holidaying at home with more heavy rain expected every day this week up until next weekend .
Further weather warnings for heavy rain are likely over the coming days with the possibility of wind warnings too .
The European Centre for Medium-Range Weather Forecast ( ECMWF ) is anticipating more than 100mm of rain over the coming days in parts of the west , mid-west and south of the country .
Parts of west Cork which have been already badly affected by flooding are expected to experience more heavy rain in @ @ @ @ @ @ @ warning for rain was in operation from 7am on Monday to 7am on Tuesday .
Met Éireann has said it is likely to issue further weather warnings over the coming days .
Wednesday is expected to be another very wet day with rain from the south extending northward overnight as the remnants of Tropical Storm Kyle crosses the country .
Thursday and Friday could see both rain and wind warnings with heavy rain and blustery conditions .
Near gale-force winds along exposed coasts could bring down trees in coastal areas as they are @ @ @ @ @ @ @ another day of heavy rain with strong winds again .
It looks like the cool blustery and unsettled conditions will continue into the early days of next week .
Met Éireann has issued an advisory for unseasonably wet and windy weather for the week .
It states that windy weather on Thursday and Friday may result in unsafe conditions over high ground , lakes and sea areas .
Weather advisories may be issued by Met Éireann to provide early information on potential hazardous weather beyond 48 hours .

Sister Aoife Lomba (4) and Abbie Lomba (5) from Dublin prepare for the rain. Photograph: Tom Honan
The miserable weather is set to continue for those holidaying at home, with more heavy rain expected every day this week up until the weekend, and Storm Ellen set to hit the country from Wednesday.
Ahead of the arrival of Storm Ellen, a status orange wind warning has been issued for counties Galway, Mayo, Clare, Cork, Kerry, Limerick and Waterford. The warning is valid from 9pm on Wednesday until midday on Thursday.
A status yellow wind warning has also been issued for the entire country from Wednesday night. The warning is valid from 9pm on Wednesday through all of Thursday.
Met Éireann said Storm Ellen will hit Ireland on Wednesday night and during Thursday, "bringing a period of severe and potentially damaging winds.
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“Associated heavy rain will also bring a risk of flooding.”
The forecaster added that severe gusts are likely during this period and there is the risk of coastal flooding as the winds combine with storm surges and spring tides.
The UK Met Office has issued a status yellow wind warning for Northern Ireland for roughly the same period as the State’s yellow warning.
Further weather warnings for heavy rain are likely over the coming days.
Rainfall radar for Tuesday. Photograph: Met.ie
The European Centre for Medium-Range Weather Forecasts (ECMWF) is anticipating more than 100mm of rain over the coming days in parts of the west, midwest and south of the country.
Parts of west Cork which have already been badly affected by flooding are expected to experience more heavy rain in the coming days.
After a night of torrential rain the river Roury broke its banks and also caused flooding in Rosscarbery last week. Photograph: Andy Gibson
A yellow weather warning for rain was in operation from 7am on Monday to 7am on Tuesday.
Blustery conditions
Thursday and Friday could see both rain and wind warnings, with heavy rain and blustery conditions. Near gale-force winds that are forecast for the period along exposed coasts could bring down trees in coastal areas as they are in full leaf.
It looks like the cool, blustery and unsettled conditions will continue into the early days of next week.
Met Éireann has issued an advisory for unseasonably wet and windy weather for the week.
It states that windy weather on Thursday and Friday may result in unsafe conditions on high ground, lakes and sea areas.
Weather advisories may be issued by Met Éireann to provide early information on potential hazardous weather beyond 48 hours.


theirishtimes--2020-08-18--Winning lottery ticket worth more than €7.3 million sold in Co Galway

A winning lottery ticket worth more than €7.3 million has been sold in Co Galway .
The winning Quick Pick ticket was sold at Rogan ’ s Gala store .
The National Lottery has onfirmed the Galway player who won the €7.3 million Lotto jackpot on Saturday night made contact late on Monday evening .
Arrangements are being made for the prize to be paid .
Store owner Joe Rogan only took over the running of the shop last year .
He spoke of his disbelief that one of his customers had become an overnight multi-millionaire after a visit to @ @ @ @ @ @ @ heard that the big win was in Galway over the weekend , and until late last night I had absolutely no idea that it was us .
Honestly , I am in a state of shock and I ’ m not even the one who has won the €7.3 million jackpot !
” he said .
“ This is a very sweet win for us .
It is an unbelievable bonus for us that we should have a Lotto jackpot winner in our first year in business .
“ Whoever the winner is @ @ @ @ @ @ @ absolutely life-changing for them so we wish them all the very best with their new-found fortune .
You have no idea what a big Lotto win brings to the town .
“ Many of our day-to-day customers are from the local community , but given the time of year , there is quite a passing trade with tourists visiting from every part of the country , so it ’ s anybody ’ s guess who it could be.
” This latest Lotto win is the eighth jackpot win so far in 2020 with @ @ @ @ @ @ @ alone .
In 2020 , more than €89 million has been won in prizes in the Lotto game , including 14 new millionaires created in the Lotto and Lotto Plus games .
This is the 96th Lotto jackpot to be won in Co Galway since the inception of the Lotto game in 1988 .
These 96 jackpots totalled are worth in excess of €162.3 million .

The player who won the €7.3 million jackpot on Saturday night has made contact with the National Lottery
The shop which sold the winning ticket for a €7.3 million jackpot in last weekend’s Lotto draw has been revealed.
The winning quick pick ticket was sold at Rogan's Gala store on Westport Road, Clifden, Co Galway.
The National Lottery has confirmed the player who won the jackpot made contact late on Monday evening. Arrangements are being made for the prize to be paid.
Store owner Joe Rogan only took over the running of the shop last year. He spoke of his disbelief that one of his customers had become an overnight multi-millionaire after a visit to his store last week.
READ MORE
“We heard that the big win was in Galway over the weekend, and until late last night I had absolutely no idea that it was us. Honestly, I am in a state of shock and I’m not even the one who has won the €7.3 million jackpot!” he said.
“This is a very sweet win for us. It is an unbelievable bonus for us that we should have a Lotto jackpot winner in our first year in business.
“Whoever the winner is, this amount of money will be absolutely life-changing for them so we wish them all the very best with their new-found fortune. You have no idea what a big lotto win brings to the town.
“Many of our day-to-day customers are from the local community, but given the time of year, there is quite a passing trade with tourists visiting from every part of the country, so it’s anybody’s guess who it could be.”
This is the 96th Lotto jackpot to be won in Co Galway since the inception of the Lotto game in 1988. These 96 jackpots totalled are worth in excess of €162.3 million.


theirishtimes--2020-08-18--The data shows public transport demand ‘fell off a cliff’ during pandemic. What next?

Over the summer public transport officials held a series of meetings with employer groups and third level colleges , facing an unprecedented need to gauge passenger demand from next month as “ normal ” post-summer life resumes .
The problem of course is that life will not return as normal .
Trains , trams and busses will operate much differently and planners must consider what transport in Ireland will look like toward the end of 2020 and into 2021 .
With strict social distancing requirements slashing capacity and many thousands of people planning to remain working from home , the @ @ @ @ @ @ @ no choice but to get back on board .
Detailed data obtained by The Irish Times shows very clearly the cataclysmic effect Covid-19 has had on public transport use , at one point shedding about 90 per cent as society shut down to contain the virus .
Looming concerns will include the relationship between demand and supply ; public safety ; how commuters might be persuaded to change their travel patterns ; and the prospect of more people opting for private cars .
The challenges for what might come are best understood by @ @ @ @ @ @ @ – in early March , the national transport network came to a grinding halt .
As Ireland locked itself away , only a scattering of essential workers climbed on board carriages and buses , making their way to work through empty streets , enjoying a near perfectly functioning system .
“ It fell off a cliff .
We went from pushing 1 million passengers a day to very low numbers ; just under 100,000 at one point and that stayed the case for the bulk of March and into April .
It was @ @ @ @ @ @ @ up in May [ that numbers began to recover ] , ” explained Tim Gaston , director of public transport services at the National Transport Authority ( NTA ) .
Its data is stark , illustrated on graphs , as with most things related to the pandemic , by a precipitous downward curve .
As a whole , daily PSO ( public service ) passenger numbers dropped from more than 950,000 at the very beginning of March , to consistently , and often well below 100,000 , between the end of March and @ @ @ @ @ @ @ just before the plummeting decline , the country ’ s first clusters of coronavirus were confirmed .
A swift and steady collapse followed .
By the very end of that month , when transport use dipped and remained steadily below the 100,000 figure , it coincided with then taoiseach Leo Varadkar ’ s appeal to the nation to stay at home .
The so-called 2km rule was introduced , all but emptying public transport vehicles , with the only travel exceptions permitted for health , social care or other essential work as well @ @ @ @ @ @ @ appointments .
A seven day rolling average of the data – which flattens out the peaks and troughs of weekend and weekday usage – shows that Dublin Bus , which had carried by far the largest number of commuters of all services before the pandemic , began to grow consistently beyond the 100,000 mark in early June .
This occurred just as Ireland was entering phase two of the lifting of Covid-19 related movement restrictions .
By April and early May , Luas usage had shrank to as low as 3 and 4 @ @ @ @ @ @ @ .
On March 10th , it had almost 142,000 passenger journeys compared to just under 5,500 on April 18th ( a Tuesday and Saturday respectively ) .
Similarly , Bus Éireann had dropped to as low as 5 per cent of passenger use when comparing mid-April with early March .
118,000 passengers on Friday , February 28th , had fallen to 14,700 by Friday , April 17th .
On Monday , March 9th , Irish Rail recorded slightly over 198,500 passengers , but by Monday , April 13th , it was just over @ @ @ @ @ @ @ service has seen the fastest recovery during the Covid emergency , having already arrived back at the level of use it experienced in early March .
And yet , recovery across the network is not straightforward – accompanying an ongoing social discomfort and wariness , is the Government mandate that each individual vehicle can only be used to half its capacity .
Exactly how the network responds or bounces back in the coming months will depend on a complex interplay of demand , capacity , individual confidence and what many believe will be @ @ @ @ @ @ @ “ Will the long distance commute be changed permanently ?
I think that ’ s possible , ” said Mr Gaston .
“ On the other hand , people might find that working from home isn ’ t that great and might want to go into the office.
” September will tell , or begin to tell , but immediately travellers will be faced with the measures that Irish transport authorities have put in place .
Aside from capacity reduction , Ireland was one of the first countries to use seat covers with @ @ @ @ @ @ @ Daily cleaning was introduced , as was protection for drivers .
Since July face coverings became mandatory and compliance , according to officials , has been very high .
While the system seems primed , efforts are well under way to try and understand what it might have to contend with , in so far as that is possible .
The NTA has had a number of meetings with employers groups including Ibec and Chambers Ireland , as well as with third level educational institutions .
The idea is not just to try @ @ @ @ @ @ @ standing on platforms and at bus stops from early September , but to try and encourage a shift in behaviour that would keep limited capacity free for those with limited capacity to alter their travelling timetables .
There have already been shifts .
In the Covid era , people have been increasingly travelling at quieter times , notably between 10am to 2pm .
Although there is less capacity on the network , this fanning out of commuter demand would greatly increase efficiency in the use of what capacity is available .
Transit authorities @ @ @ @ @ @ @ to send out a similar message .
“ For those who have the choice we would be very keen to see them either not using public transport at all , and continuing to walk and cycle , or if not , to spread their start times [ in work ] , ” Mr Gaston said .
“ Behaviours can be changed if people understand the reasons for it and if it still provides the services that they need.
” October and November will be an early test – these are traditionally the busiest @ @ @ @ @ @ @ inclined to take holidays and students in classes full time .
The NTA has raised the issue of working hour flexibility , particularly now that a grand experiment has proved the ability for large swathes of the working population to do so from home , even if just on a part time or shared basis .
“ At the minute the discussion is more around do [ employers ] see them returning to the office , ” Mr Gaston said .
( Tech companies such as Google and Facebook are allowing employees to @ @ @ @ @ @ @ the short term ) .
“ The strong sense that we are getting is that there will not be the same massive return in September of workers.
” However , the question of Irish transport and population mobility is more complicated than what happens in the coming months and Covid has thrown it into sharp , often urgent focus .
The urgency for some comes in the form of private car use which had come back much faster than public transport for obvious reasons ( although Mr Gaston said this had levelled off @ @ @ @ @ @ @ public transport ) .
Faced with similar problems , Transport For London recently acknowledged the post-recovery need for “ safe space for people to use active , sustainable and socially distanced modes of travel ” , that would help prevent a “ damaging car-led recovery ” .
“ We must avoid a car-led recovery which would cause gridlock and only make things worse , ” said transport commissioner Andy Byford .
“ So my message to Londoners returning to public transport is we are doing everything to keep things clean and safe for @ @ @ @ @ @ @ consumer affairs at the AA , said while the roads were extremely quiet on the June bank holiday weekend , the August bank holiday was almost the same as last year .
While the private car is in resurgence , much like public transport the next couple of months will be the true test .
So far , noted Mr Faughnan , there has been no return to morning rush hour traffic and businesses are still working out what to do with employees .
“ There may be some sort of new paradigm @ @ @ @ @ @ @ will just have to wait and see.
” David O ’ Connor , transport expert and assistant head of school at TU Dublin Environment and Planning , believes Covid has brought about an opportunity for the sector .
He sets out an immediate future of fewer passengers , higher costs and a work operating environment that for safety and health concerns , could make more people inclined to opt for the shelter of their own cars .
“ They are putting in cycling and walking measures but they should also be looking at @ @ @ @ @ @ @ , ” he said .
“ As a planner I can see that everything is changing ; the rule book has been almost thrown out.
” The performance of public transport timetables during the pandemic lockdown offered a brief taste to Irish commuters , albeit a small number of them , of how networks operate in cities like Zurich and Stockholm , he said .
A positive legacy of this 21st century pandemic could be transport investment .
“ The idea behind Bus Connects becomes even more strategic , ” he said , @ @ @ @ @ @ @ to embrace “ smoothed travel patterns ” , essentially doing away with two rush hour peaks ; redesigning transport vehicles to give passengers greater space ; and providing hand sanitiser to compliment the wearing of masks .
“ The most important thing is to do this carefully .
We have to look to the future ; I think there will be a different set of urban economics when we come out of this .
Not everybody is going to go into work five days a week .
”

Over the summer public transport officials held a series of meetings with employer groups and third level colleges, facing an unprecedented need to gauge passenger demand from next month as “normal” post-summer life resumes.
The problem of course is that life will not return as normal. Trains, trams and busses will operate much differently and planners must consider what transport in Ireland will look like toward the end of 2020 and into 2021.
With strict social distancing requirements slashing capacity and many thousands of people planning to remain working from home, the focus will be on those who have no choice but to get back on board.
Daily public service passenger numbers dropped from more than 950,000 at the very beginning of March to below 100,000 into May.
Detailed data obtained by The Irish Times shows very clearly the cataclysmic effect Covid-19 has had on public transport use, at one point shedding about 90 per cent as society shut down to contain the virus.
READ MORE
Looming concerns will include the relationship between demand and supply; public safety; how commuters might be persuaded to change their travel patterns; and the prospect of more people opting for private cars.
The challenges for what might come are best understood by looking at what has happened so far – in early March, the national transport network came to a grinding halt. As Ireland locked itself away, only a scattering of essential workers climbed on board carriages and buses, making their way to work through empty streets, enjoying a near perfectly functioning system.
A passenger wears a mask on board a bus. Photograph: Crispin Rodwell/ The Irish Times
"It fell off a cliff. We went from pushing 1 million passengers a day to very low numbers; just under 100,000 at one point and that stayed the case for the bulk of March and into April. It was really only when things started to open up in May [that numbers began to recover]," explained Tim Gaston, director of public transport services at the National Transport Authority (NTA).
Its data is stark, illustrated on graphs, as with most things related to the pandemic, by a precipitous downward curve.
Transport use by numbers
As a whole, daily PSO (public service) passenger numbers dropped from more than 950,000 at the very beginning of March, to consistently, and often well below 100,000, between the end of March and into May. On March 5th, just before the plummeting decline, the country’s first clusters of coronavirus were confirmed.
A swift and steady collapse followed. By the very end of that month, when transport use dipped and remained steadily below the 100,000 figure, it coincided with then taoiseach Leo Varadkar’s appeal to the nation to stay at home.
The so-called 2km rule was introduced, all but emptying public transport vehicles, with the only travel exceptions permitted for health, social care or other essential work as well as shopping for food or attending medical appointments.
A seven day rolling average of the data – which flattens out the peaks and troughs of weekend and weekday usage – shows that Dublin Bus, which had carried by far the largest number of commuters of all services before the pandemic, began to grow consistently beyond the 100,000 mark in early June.
This occurred just as Ireland was entering phase two of the lifting of Covid-19 related movement restrictions.
By April and early May, Luas usage had shrank to as low as 3 and 4 per cent of its late February level. On March 10th, it had almost 142,000 passenger journeys compared to just under 5,500 on April 18th (a Tuesday and Saturday respectively).
Similarly, Bus Éireann had dropped to as low as 5 per cent of passenger use when comparing mid-April with early March. 118,000 passengers on Friday, February 28th, had fallen to 14,700 by Friday, April 17th.
On Monday, March 9th, Irish Rail recorded slightly over 198,500 passengers, but by Monday, April 13th, it was just over 2,000.
The rural Local Link bus service has seen the fastest recovery during the Covid emergency, having already arrived back at the level of use it experienced in early March.
Uncertain future
And yet, recovery across the network is not straightforward – accompanying an ongoing social discomfort and wariness, is the Government mandate that each individual vehicle can only be used to half its capacity.
Exactly how the network responds or bounces back in the coming months will depend on a complex interplay of demand, capacity, individual confidence and what many believe will be a shifting culture in work habits.
“Will the long distance commute be changed permanently? I think that’s possible,” said Mr Gaston. “On the other hand, people might find that working from home isn’t that great and might want to go into the office.”
September will tell, or begin to tell, but immediately travellers will be faced with the measures that Irish transport authorities have put in place. Aside from capacity reduction, Ireland was one of the first countries to use seat covers with concise Covid-19 messaging across the network.
Daily cleaning was introduced, as was protection for drivers. Since July face coverings became mandatory and compliance, according to officials, has been very high.
While the system seems primed, efforts are well under way to try and understand what it might have to contend with, in so far as that is possible.
The NTA has had a number of meetings with employers groups including Ibec and Chambers Ireland, as well as with third level educational institutions. The idea is not just to try and gauge how many people might be standing on platforms and at bus stops from early September, but to try and encourage a shift in behaviour that would keep limited capacity free for those with limited capacity to alter their travelling timetables.
There have already been shifts. In the Covid era, people have been increasingly travelling at quieter times, notably between 10am to 2pm. Although there is less capacity on the network, this fanning out of commuter demand would greatly increase efficiency in the use of what capacity is available.
Transit authorities in a number of countries are beginning to send out a similar message.
“For those who have the choice we would be very keen to see them either not using public transport at all, and continuing to walk and cycle, or if not, to spread their start times [in work],” Mr Gaston said.
“Behaviours can be changed if people understand the reasons for it and if it still provides the services that they need.”
October and November will be an early test – these are traditionally the busiest months on public transport with workers less inclined to take holidays and students in classes full time.
Commuter flexibility
The NTA has raised the issue of working hour flexibility, particularly now that a grand experiment has proved the ability for large swathes of the working population to do so from home, even if just on a part time or shared basis.
"At the minute the discussion is more around do [employers] see them returning to the office," Mr Gaston said. (Tech companies such as Google and Facebook are allowing employees to remain at home, at least in the short term).
“The strong sense that we are getting is that there will not be the same massive return in September of workers.”
However, the question of Irish transport and population mobility is more complicated than what happens in the coming months and Covid has thrown it into sharp, often urgent focus.
The urgency for some comes in the form of private car use which had come back much faster than public transport for obvious reasons (although Mr Gaston said this had levelled off against a slow but steady rise in public transport).
Faced with similar problems, Transport For London recently acknowledged the post-recovery need for “safe space for people to use active, sustainable and socially distanced modes of travel”, that would help prevent a “damaging car-led recovery”.
"We must avoid a car-led recovery which would cause gridlock and only make things worse," said transport commissioner Andy Byford. "So my message to Londoners returning to public transport is we are doing everything to keep things clean and safe for everyone."
Conor Faughnan, director of consumer affairs at the AA, said while the roads were extremely quiet on the June bank holiday weekend, the August bank holiday was almost the same as last year. While the private car is in resurgence, much like public transport the next couple of months will be the true test.
So far, noted Mr Faughnan, there has been no return to morning rush hour traffic and businesses are still working out what to do with employees.
“There may be some sort of new paradigm,” he said. “We will just have to wait and see.”
Opportunity
David O’Connor, transport expert and assistant head of school at TU Dublin Environment and Planning, believes Covid has brought about an opportunity for the sector.
He sets out an immediate future of fewer passengers, higher costs and a work operating environment that for safety and health concerns, could make more people inclined to opt for the shelter of their own cars.
“They are putting in cycling and walking measures but they should also be looking at putting in public transport measures as well,” he said.
“As a planner I can see that everything is changing; the rule book has been almost thrown out.”
The performance of public transport timetables during the pandemic lockdown offered a brief taste to Irish commuters, albeit a small number of them, of how networks operate in cities like Zurich and Stockholm, he said. A positive legacy of this 21st century pandemic could be transport investment.
“The idea behind Bus Connects becomes even more strategic,” he said, adding that the time is arguably now to embrace “smoothed travel patterns”, essentially doing away with two rush hour peaks; redesigning transport vehicles to give passengers greater space; and providing hand sanitiser to compliment the wearing of masks.
“The most important thing is to do this carefully. We have to look to the future; I think there will be a different set of urban economics when we come out of this. Not everybody is going to go into work five days a week.”


theirishtimes--2020-08-18--Sinn Féin witness consulted party over Aaron Brady case before speaking to gardaí

A Sinn Féin member , who was a key witness in the case against garda killer Aaron Brady , would not make a statement to gardaí before consulting with the party hierarchy , according to the lead investigator in the case .
Det Insp Pat Marry said he had to go to a Sinn Féin TD for help in the matter .
The witness was then informed by the party there was no issue with him speaking to gardaí .
The witness ’ s statement , which detailed how he heard Brady confess to the murder , was the first @ @ @ @ @ @ @ Adrian Donohoe ’ s murder in 2013 .
His evidence was eventually disallowed at a pretrial hearing due to technical issues late last year .
However Mr Marry , who retired two years ago , said he was still a vital witness as he disclosed that there were other people living in New York with information on Brady , leading detectives to concentrate their efforts there .
A Sinn Féin spokesman said on Monday party members “ absolutely ” did not require permission to speak to gardaí , here or abroad , and @ @ @ @ @ @ @ people with information about the murder to come forward .
The break in the case came in February 2017 when the witness contacted Louth Sinn Féin Cllr Antóin Watters through Facebook and told him he had information .
Mr Watters put him in touch with Mr Marry .
The witness wanted to help but told the detective that , as he was a Sinn Féin member , he was “ not sure where he stood ” about making an official statement without permission , said Mr Marry .
The detective said he went @ @ @ @ @ @ @ the councillor told him it was a matter for the party ’ s head office .
Mr Marry then approached a Sinn Féin TD , who he declined to name .
“ They said to me : ‘ Anything that Sinn Féin can do to help justice to be brought to the Donohoe family , we will do.
’ ” Mr Marry said Sinn Féin confirmed the witness was a party member .
“ The TD came back to me a couple of weeks later and said that man has been spoken to @ @ @ @ @ @ @ wishes to , he should to talk to the guards and make a statement.
” The witness then made a full statement .
As a result of speaking to the witness , Mr Marry printed 150 posters appealing for information which were put up around New York .
These led to further vital leads for the Garda and Brady ’ s eventual conviction last week .

Aaron Brady was found guilty of the capital murder of Det Garda Adrian Donohoe followed a painstaking investigation by gardaí and a long, complex trial. File photograph: Collins Courts
A Sinn Féin member, who was a key witness in the case against garda killer Aaron Brady, would not make a statement to gardaí before consulting with the party hierarchy, according to the lead investigator in the case.
Det Insp Pat Marry said he had to go to a Sinn Féin TD for help in the matter. The witness was then informed by the party there was no issue with him speaking to gardaí.
The witness’s statement, which detailed how he heard Brady confess to the murder, was the first major breakthrough for gardaí investigating Det Gda Adrian Donohoe’s murder in 2013.
His evidence was eventually disallowed at a pretrial hearing due to technical issues late last year. However Mr Marry, who retired two years ago, said he was still a vital witness as he disclosed that there were other people living in New York with information on Brady, leading detectives to concentrate their efforts there.
READ MORE
A Sinn Féin spokesman said on Monday party members “absolutely” did not require permission to speak to gardaí, here or abroad, and that the party had frequently called on people with information about the murder to come forward.
The break in the case came in February 2017 when the witness contacted Louth Sinn Féin Cllr Antóin Watters through Facebook and told him he had information. Mr Watters put him in touch with Mr Marry.
The witness wanted to help but told the detective that, as he was a Sinn Féin member, he was “not sure where he stood” about making an official statement without permission, said Mr Marry.
The detective said he went back to Mr Watters for help but the councillor told him it was a matter for the party’s head office. Mr Marry then approached a Sinn Féin TD, who he declined to name.
“They said to me: ‘Anything that Sinn Féin can do to help justice to be brought to the Donohoe family, we will do.’”
Mr Marry said Sinn Féin confirmed the witness was a party member. “The TD came back to me a couple of weeks later and said that man has been spoken to and told that absolutely, if he wishes to, he should to talk to the guards and make a statement.”
The witness then made a full statement. As a result of speaking to the witness, Mr Marry printed 150 posters appealing for information which were put up around New York. These led to further vital leads for the Garda and Brady’s eventual conviction last week.


theirishtimes--2020-08-18--Q&A: Will A-Levels grading controversy affect Leaving Cert students?

What just happened in the UK with calculated grades ?
Tens of thousands of A-level students in England , Northern Ireland and Wales are set to see their “ calculated grades ” increased .
They will now be based solely on teachers ’ assessments rather than a controversial algorithm .
Scotland announced a similar U-turn last week .
It follows deafening criticism from students , teachers and politicians that the system of calculated grades – broadly similar to the system being used for the Leaving Cert here – was unfair to students .
About 40 per cent of UK students @ @ @ @ @ @ @ ’ prediction .
There was also evidence that disadvantaged students in many areas were more likely to be downgraded .
Why is this relevant to Ireland ?
While the models of calculated grades used across the UK are different in some respects , the core principles are the same as the Irish system : combining teachers ’ estimated grades with a national standardisation process or “ bell curve ” .
This process is aimed at ensuring results are similar to previous years .
It helps avoid grade inflation and maintains the integrity of @ @ @ @ @ @ @ chance of a similar U-turn here ?
It largely depends on what reaction there will be from students and teachers when the results are released on September 7th .
Minister for Education Norma Foley has been at pains to reassure thousands of Leaving Cert students that our calculated grades system will be accurate and reliable .
However , politicians in the UK also made similar statements in advance of their results .
In the end , politically , there was little appetite for a system where algorithms , rather than humans , determined @ @ @ @ @ @ @ in Ireland will also be whether a critical mass of students get their chosen college places through the CAO system ; these will be issued four days after students get their calculated grades .
What has the Minister to say about this ?
She has says the calculated grades system will be “ accurate , reliable and fair to all students ” .
Her officials say the Irish system differs in a number of respects from the UK .
They say our statistical process in Ireland takes more account of whether a group @ @ @ @ @ @ @ school this year is academically stronger , or weaker , than in previous years .
This means the distribution of grades emerging from a particular school will not be pre-ordained based on performance in previous years .
Other education sources argue that our system also involves more human oversight and a greater number of checks and balances .
Will students in Ireland get to see their teachers ’ predicted grades when they get their calculated grade ?
Students will be entitled to see what grade their school/teachers gave them on September 14th , @ @ @ @ @ @ @ is a week after they receive their results .
They will also have access to their class ranking order submitted by their school .
* Yes , but it ’ s on limited grounds and related to data-entry and administrative checks to make sure information was inputted correctly .
The appeal will not involve reviewing teachers ’ decision-making processes in awarding grades .
Students will also have a chance of sitting Leaving Cert exams - slated for this November - and may opt to combine their calculated grade results with these exam results @ @ @ @ @ @ @ students ( their estimated grade and class ranking in a particular subject ) and data on Leaving Cert trends nationally and across individual schools – a calculation that some may compare to the UK ’ s now scrapped algorithm .
This can lead to a teacher ’ s prediction of a student ’ s mark being adjusted up or down .
By collecting and using a range of different types of information , Department of Education officials say these different sources of data will complement each other to provide the “ most accurate @ @ @ @ @ @ @ limitations of the available data ” .
Will there be extra college places this year for Leaving Cert students ?
Not many .
There will be fewer international students this year due to travel restrictions and concerns – but these students are mostly in post-graduate courses .
At undergraduate level , international students are typically in a select number of courses such as medicine and nursing .
It is likely there may be some addition places in these courses – but don ’ t expect any major increase in numbers across the board @ @ @ @ @ @ @ is causing so much controversy ?
The argument in favour of standardisation is to prevent grade inflation and protect the integrity of a qualification .
In this way , Leaving Cert results from any one year are considered equivalent to the results from any other year .
Why not just use teachers ’ grades – and get rid of standardisation ?
There is plenty of research in the UK to suggest that teachers tend to over-predict students ’ achievements .
There is no compelling reason to suggest teachers in Ireland are any different @ @ @ @ @ @ @ .
If there are more generous grades , this would lead to grade inflation and – in theory – threaten the integrity of the Leaving Cert qualification .
It would also be unfair to the 20,000 or so college applicants this year who are seeking courses based on their results in previous – and less generous – Leaving Cert exams .
In what way is the Irish system different to the UK ?
Education sources maintain that the Irish system differs in a number of important respects .
They claim that as well @ @ @ @ @ @ @ focus on students ’ past achievement and a greater number of checks and balances , there will be a detailed review of the distributions of results for each subject and level .
They also point to a planned review of outcomes on the basis of gender and socio-economic status .
This is to ensure that the model is presenting outcomes that are as fair and equitable as possible given its constraints , and in line with previous outcomes as much as is possible .
Irish officials can also learn from the UK experience @ @ @ @ @ @ @ system ahead of September 7th .
What will happen now ?
The process of standardising student grades is being worked through by a unit within the Department of Education .
Students ’ grades have been put through a national standardisation process overseen by a National Standardisation Group which includes officials from the Department of Education and Skills ; Educational Research Centre and the State Examinations Commission There will also be a number of other checks and validation processes to be completed before results are issued to students online at 9am on September 7th @ @ @ @ @ @ @ to reflect a Department of Eduation statement released on August 18th .

Minister for Education Norma Foley insists the calculated grades system will be ‘accurate, reliable and fair to all students’. Photograph: Bryan O’Brien
What just happened in the UK with calculated grades?
Tens of thousands of A-level students in England, Northern Ireland and Wales are set to see their "calculated grades" increased. They will now be based solely on teachers' assessments rather than a controversial algorithm. Scotland announced a similar U-turn last week.
It follows deafening criticism from students, teachers and politicians that the system of calculated grades – broadly similar to the system being used for the Leaving Cert here – was unfair to students.
About 40 per cent of UK students had their grades reduced from their teachers’ prediction. There was also evidence that disadvantaged students in many areas were more likely to be downgraded.
Why is this relevant to Ireland?
While the models of calculated grades used across the UK are different in some respects, the core principles are the same as the Irish system: combining teachers’ estimated grades with a national standardisation process or “bell curve”.
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This process is aimed at ensuring results are similar to previous years. It helps avoid grade inflation and maintains the integrity of end-of-school exam grades.
What is the chance of a similar U-turn here?
It largely depends on what reaction there will be from students and teachers when the results are released on September 7th.
Minister for Education Norma Foley has been at pains to reassure thousands of Leaving Cert students that our calculated grades system will be accurate and reliable.
However, politicians in the UK also made similar statements in advance of their results.
In the end, politically, there was little appetite for a system where algorithms, rather than humans, determined how students succeed.
A big factor in Ireland will also be whether a critical mass of students get their chosen college places through the CAO system; these will be issued four days after students get their calculated grades.
What has the Minister to say about this?
She has says the calculated grades system will be “accurate, reliable and fair to all students”.
Her officials say the Irish system differs in a number of respects from the UK. They say our statistical process in Ireland takes more account of whether a group of students taking a subject in the school this year is academically stronger, or weaker, than in previous years.
This means the distribution of grades emerging from a particular school will not be pre-ordained based on performance in previous years. Other education sources argue that our system also involves more human oversight and a greater number of checks and balances.
Will students in Ireland get to see their teachers’ predicted grades when they get their calculated grade?
All students will be entitled to see what grade their school/teachers gave them on September 14th, when the appeals system opens. This is a week after they receive their results. They will also have access to their class ranking order submitted by their school.
Can students appeal?
Yes, but it’s on limited grounds and related to data-entry and administrative checks to make sure information was inputted correctly. The appeal will not involve reviewing teachers’ decision-making processes in awarding grades. Students will also have a chance of sitting Leaving Cert exams - slated for this November - and may opt to combine their calculated grade results with these exam results.
What’s involved in the standardisation process?
This involves combing school data on students (their estimated grade and class ranking in a particular subject) and data on Leaving Cert trends nationally and across individual schools – a calculation that some may compare to the UK’s now scrapped algorithm. This can lead to a teacher’s prediction of a student’s mark being adjusted up or down.
By collecting and using a range of different types of information, Department of Education officials say these different sources of data will complement each other to provide the “most accurate and fair set of results within the limitations of the available data”.
Will there be extra college places this year for Leaving Cert students?
Not many. There will be fewer international students this year due to travel restrictions and concerns – but these students are mostly in post-graduate courses.
At undergraduate level, international students are typically in a select number of courses such as medicine and nursing. It is likely there may be some addition places in these courses – but don’t expect any major increase in numbers across the board.
Why standardise the results if it is causing so much controversy?
The argument in favour of standardisation is to prevent grade inflation and protect the integrity of a qualification. In this way, Leaving Cert results from any one year are considered equivalent to the results from any other year.
Why not just use teachers’ grades – and get rid of standardisation?
There is plenty of research in the UK to suggest that teachers tend to over-predict students’ achievements. There is no compelling reason to suggest teachers in Ireland are any different – but it remains to be seen.
If there are more generous grades, this would lead to grade inflation and – in theory – threaten the integrity of the Leaving Cert qualification. It would also be unfair to the 20,000 or so college applicants this year who are seeking courses based on their results in previous – and less generous – Leaving Cert exams.
In what way is the Irish system different to the UK?
Education sources maintain that the Irish system differs in a number of important respects. They claim that as well as having more human oversight, more focus on students’ past achievement and a greater number of checks and balances, there will be a detailed review of the distributions of results for each subject and level.
They also point to a planned review of outcomes on the basis of gender and socio-economic status. This is to ensure that the model is presenting outcomes that are as fair and equitable as possible given its constraints, and in line with previous outcomes as much as is possible.
Irish officials can also learn from the UK experience and have more time to fine-tune the system ahead of September 7th.
What will happen now?
The process of standardising student grades is being worked through by a unit within the Department of Education.
Students' grades have been put through a national standardisation process overseen by a National Standardisation Group which includes officials from the Department of Education and Skills; Educational Research Centre and the State Examinations Commission
There will also be a number of other checks and validation processes to be completed before results are issued to students online at 9am on September 7th.


theirishtimes--2020-08-18--‘I’d go to bed, and suddenly I was thinking I’m in my office’ -– the bedroom as workplace

“ In a house share the only private , personal space you have is your bedroom , ” says Jake Ryan ( 26 ) , who lives with three others in a rented redbrick in Phibsboro , Dublin .
“ But during Covid your bedroom has become your workspace .
In the evenings you want to switch off after work , and if you ’ re in the office , you walk home , you actually leave that place .
“ Now , when the only place you have privacy is also your workspace , you can ’ t switch @ @ @ @ @ @ @ work.
” Mr Ryan , a constituency worker for Social Democrats co-leader TD Róisín Shortall , was in the Dublin North-West politician ’ s office when then taoiseach Leo Varadkar announced the closure of schools and colleges and limits on gatherings – early steps in a series of restrictions that became more severe as the weeks went by .
Initially , Mr Ryan ’ s concerns were technological – laptops and remote access to secure servers were needed .
He spent the first couple of weeks working a lot on his phone .
@ @ @ @ @ @ @ ironing board in his bedroom as a makeshift office space as he did not have a desk .
“ My employer offered to buy me a desk , but space was too cramped and I can fold up the ironing board in the evening , ” says Mr Ryan , who pays €550 a month for his room .
He and his housemates decided against using the kitchen table for working in order to avoid “ a commotion ” when someone wanted to make a cup of tea or grab a bite to @ @ @ @ @ @ @ canteen ” .
Whereas he was used to only seeing his housemates in the evening , they started meeting for breakfast , before retreating to their rooms to work , then meeting again in the “ canteen ” for lunch .
He says feelings of isolation and claustrophobia soon crept in .
“ I suffer from anxiety and I found that it really brought it to the fore , ” he says .
“ Particularly in the early days when you couldn ’ t get out and about and see people.
” Mr @ @ @ @ @ @ @ turning off the laptop and email notifications on his phone .
“ But I would go into my room at night to go to bed and suddenly I was thinking I ’ m in my office .
I ’ d be thinking ‘ did I do this thing or that thing for work ?
’ , because I am in my workspace.
” In recent weeks , he was delighted to regain access to an office and would like the flexibility of a few days working from home and a few days there @ @ @ @ @ @ @ a “ whole different conversation ” about the state of Ireland ’ s rental market .
“ I think people in house shares don ’ t get factored in , even though we are paying so much money .
We can see now that many houses are not necessarily suitable for working from home .
”

Jake Ryan in the bedroom of the house that he rents with three others in Phibsboro, Dublin. Photograph: Damien Eagers
“In a house share the only private, personal space you have is your bedroom,” says Jake Ryan (26), who lives with three others in a rented redbrick in Phibsboro, Dublin.
“But during Covid your bedroom has become your workspace. In the evenings you want to switch off after work, and if you’re in the office, you walk home, you actually leave that place.
“Now, when the only place you have privacy is also your workspace, you can’t switch off, because you associate it with work.”
Mr Ryan, a constituency worker for Social Democrats co-leader TD Róisín Shortall, was in the Dublin North-West politician’s office when then taoiseach Leo Varadkar announced the closure of schools and colleges and limits on gatherings – early steps in a series of restrictions that became more severe as the weeks went by.
READ MORE
Too cramped
Initially, Mr Ryan’s concerns were technological – laptops and remote access to secure servers were needed. He spent the first couple of weeks working a lot on his phone. He set up the house’s ironing board in his bedroom as a makeshift office space as he did not have a desk.
“My employer offered to buy me a desk, but space was too cramped and I can fold up the ironing board in the evening,” says Mr Ryan, who pays €550 a month for his room.
He and his housemates decided against using the kitchen table for working in order to avoid “a commotion” when someone wanted to make a cup of tea or grab a bite to eat, so it became the “canteen”.
Whereas he was used to only seeing his housemates in the evening, they started meeting for breakfast, before retreating to their rooms to work, then meeting again in the “canteen” for lunch.
He says feelings of isolation and claustrophobia soon crept in.
“I suffer from anxiety and I found that it really brought it to the fore,” he says. “Particularly in the early days when you couldn’t get out and about and see people.”
Flexibility
Mr Ryan was “quite strict” about turning off the laptop and email notifications on his phone. “But I would go into my room at night to go to bed and suddenly I was thinking I’m in my office. I’d be thinking ‘did I do this thing or that thing for work?’, because I am in my workspace.”
In recent weeks, he was delighted to regain access to an office and would like the flexibility of a few days working from home and a few days there.
He says the pandemic opens up a “whole different conversation” about the state of Ireland’s rental market.
“I think people in house shares don’t get factored in, even though we are paying so much money. We can see now that many houses are not necessarily suitable for working from home.”


theirishtimes--2020-08-18--Student accommodation block opposite UCD shut amid fire safety concerns

A large south Dublin student accommodation complex has been shut down , and its residents relocated , following the detection of fire safety problems with the building .
It is understood the 210-bed Montrose student residence opposite UCD , formerly the Montrose Hotel , is likely to be closed for the full academic year because of the extent of the remedial works required .
Returning residents and new students who had reserved places in the complex , run by private student accommodation provider Aparto , were told in recent days the company had “ no option ” but to “ @ @ @ @ @ @ @ building .
“ This means you will not be able to move in to Montrose as expected at the start of your tenancy date , ” a letter sent to students states .
“ I know this is a huge imposition as you are due to move in shortly – and I want to apologise sincerely for this disruption – but the safety of our residents and staff has to be our number one priority and we therefore see no option but to take this decision .
” A small number of students @ @ @ @ @ @ @ during the summer months have been found alternative accommodation .
The fire safety problems , the nature of which is understood to be still under investigation , emerged during recent renovation works to the outside of the 1960s building .
When the problems were detected , the company decided to close down the building .
“ This proactive decision taken by Aparto management , is due to a fire safety issue which emerged as a result of its own commissioned inspection and follow up assessment of the building , which was conducted in @ @ @ @ @ @ @ the company said in a statement on Monday .
“ Aparto has apologised unreservedly to all those impacted by this decision while reiterating that the safety of residents and staff is a top priority.
” It said it has arranged for all those booked in for the coming academic year to transfer to alternative accommodation in Dublin city centre .
Students will be entitled to a full refund should they choose not to opt for the alternative accommodation on offer .
The three other Aparto complexes are not close to UCD , but @ @ @ @ @ @ @ the Binary Hub on Thomas Street on the southside , and Dorset Point on Dorset Street and Beckett House in Summerhill on the northside .
The company said it understood many students chose the Montrose location because of its proximity to UCD and has offered to pay for an annual Leap bus pass or a voucher towards a bike or scooter to the value of €1,000 for those who transfer their license agreement to another Aparto building on a 51 , 43 or 41 week lease .
The Montrose building is the only @ @ @ @ @ @ @ build .
US-based developer Hines , which owns Aparto bought the complex in 2017 for €37.6 million , after the old hotel had already been converted into a student block by UK student accommodation provider Ziggurat .
The Montrose Hotel , built in 1964 , was once one of Dublin ’ s best-known hotels , but ceased trading in 2010 .

Private student accommodation provider Aparto has said it had ‘no option’ but to ‘immediately’ suspended the use of the building. Photograph: Tom Honan/The Irish Times
A large south Dublin student accommodation complex has been shut down, and its residents relocated, following the detection of fire safety problems with the building.
It is understood the 210-bed Montrose student residence opposite UCD, formerly the Montrose Hotel, is likely to be closed for the full academic year because of the extent of the remedial works required.
Returning residents and new students who had reserved places in the complex, run by private student accommodation provider Aparto, were told in recent days the company had "no option" but to "immediately" suspended the use of the building.
“This means you will not be able to move in to Montrose as expected at the start of your tenancy date,” a letter sent to students states.
READ MORE
“I know this is a huge imposition as you are due to move in shortly – and I want to apologise sincerely for this disruption – but the safety of our residents and staff has to be our number one priority and we therefore see no option but to take this decision. ”
A small number of students who had stayed on in the complex during the summer months have been found alternative accommodation.
Other complexes
The fire safety problems, the nature of which is understood to be still under investigation, emerged during recent renovation works to the outside of the 1960s building. When the problems were detected, the company decided to close down the building.
“This proactive decision taken by Aparto management, is due to a fire safety issue which emerged as a result of its own commissioned inspection and follow up assessment of the building, which was conducted in conjunction with ongoing renovation works,” the company said in a statement on Monday.
“Aparto has apologised unreservedly to all those impacted by this decision while reiterating that the safety of residents and staff is a top priority.”
It said it has arranged for all those booked in for the coming academic year to transfer to alternative accommodation in Dublin city centre. Students will be entitled to a full refund should they choose not to opt for the alternative accommodation on offer.
The three other Aparto complexes are not close to UCD, but are in the city centre, at the Binary Hub on Thomas Street on the southside, and Dorset Point on Dorset Street and Beckett House in Summerhill on the northside.
Compensation offered
The company said it understood many students chose the Montrose location because of its proximity to UCD and has offered to pay for an annual Leap bus pass or a voucher towards a bike or scooter to the value of €1,000 for those who transfer their license agreement to another Aparto building on a 51, 43 or 41 week lease.
The Montrose building is the only Aparto student residence which was not purpose build. US-based developer Hines, which owns Aparto bought the complex in 2017 for €37.6 million, after the old hotel had already been converted into a student block by UK student accommodation provider Ziggurat.
The Montrose Hotel, built in 1964, was once one of Dublin’s best-known hotels, but ceased trading in 2010.