theirishtimes--2020-07-24--Covid-19: North’s Minister for Health calls for all-Ireland stance on international arrivals

Northern Ireland ’ s Health Minister Robin Swann has urged Minister for Health Stephen Donnelly to consider a Dublin/Stormont agreement to track international travellers across the island .
In a letter to Mr Donnelly , seen by The Irish Times , Mr Swann expressed concern over the “ inability ” of the two jurisdictions to share information on international arrivals amid the coronavirus pandemic .
Controls over arriving international passengers is “ perhaps the area in need of greatest co-operation North and South ” and key to managing Covid-19 in the next few months , he said .
“ To @ @ @ @ @ @ @ helpful if we could address together the inability of our two jurisdictions to capture and share information about international passengers transiting through en route to the other region.
” Currently international travellers arriving into the North via the Republic are required to complete a passenger locator form on arrival and to self-quarantine for 14 days if arriving from a high-risk country .
However , there are “ serious impediments to enforcing or monitoring this ” as it was up to individuals to complete the form and there was no way of tracing them @ @ @ @ @ @ @ logical solution is to ensure that all international travellers landing on the island of Ireland provide data which is accessible for compliance checks in our respective jurisdictions , ” Mr Swann wrote .
Seeking a “ rapid resolution ” in talks , Mr Swann said a data-sharing agreement “ would be a significant achievement ” that would show both sides were working together to “ address common challenges ” .
The Department of Health in Dublin said consideration was being given “ to how to further enhance co-operation North-South in regards to overseas @ @ @ @ @ @ @ information-sharing ” .
It said this was part of efforts to have intensive follow-up with passengers arriving from overseas , adding that Dublin and Stormont were in regular contact about Covid issues .
Contact tracing continues to operate on an all-island basis , and information is being shared North and South , though there are significant differences in travel regulations on both sides of the Border .
The UK rules – accepted by the Northern Executive – are less stringent than those in the Republic , with non-essential travel permitted to about 60 @ @ @ @ @ @ @ return .
The UK has imposed no coronavirus-related restrictions on movement within the Common Travel Area – which covers Britain , Ireland , the Channel Islands and the Isle of Man .
However , anyone arriving into the Republic of Ireland from Britain must self-isolate for two weeks .
There is no restriction on movement within the island of Ireland .
On Thursday the Northern Executive called on the Irish and British governments to call a summit of the British-Irish Council to address inconsistencies in relation to the Common Travel Area amid the @ @ @ @ @ @ @ the Northern Ireland Statistics and Research Agency ( Nisra ) on Friday showed that the number of deaths involving coronavirus in the North has reached 850 .
This is approximately 35 per cent more than the figure of 556 total fatalities recorded by the North ’ s Department of Health during the same period ( until July 17th ) .
Department of Health figures include only those who previously tested positive for coronavirus , whereas the Nisra figures based on death certificate information include cases where there may or may not have been @ @ @ @ @ @ @ in excess of 50 per cent of deaths were among care home residents , according to Nisra .
Five deaths occurred last week , while the total number of coronavirus-related fatalities reported by the Department of Health remained at 556 on Friday .
Fifteen new cases of Covid-19 were identified in the North in the past 24 hours , bringing the total number of cases identified there since the beginning of the outbreak to 5,891 .

The North’s Minister for Health has written to his Irish counterpart asking him to consider the introduction of new laws to track the movements of international travellers across Ireland. File photograph: Ana Ferreira/Bloomberg
Northern Ireland's Health Minister Robin Swann has urged Minister for Health Stephen Donnelly to consider a Dublin/Stormont agreement to track international travellers across the island.
In a letter to Mr Donnelly, seen by The Irish Times, Mr Swann expressed concern over the “inability” of the two jurisdictions to share information on international arrivals amid the coronavirus pandemic.
Controls over arriving international passengers is “perhaps the area in need of greatest co-operation North and South” and key to managing Covid-19 in the next few months, he said.
“To that end I believe it would be helpful if we could address together the inability of our two jurisdictions to capture and share information about international passengers transiting through en route to the other region.”
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Currently international travellers arriving into the North via the Republic are required to complete a passenger locator form on arrival and to self-quarantine for 14 days if arriving from a high-risk country.
However, there are “serious impediments to enforcing or monitoring this” as it was up to individuals to complete the form and there was no way of tracing them if they did not.
"The logical solution is to ensure that all international travellers landing on the island of Ireland provide data which is accessible for compliance checks in our respective jurisdictions," Mr Swann wrote.
‘Rapid resolution’
Seeking a “rapid resolution” in talks, Mr Swann said a data-sharing agreement “would be a significant achievement” that would show both sides were working together to “address common challenges”.
The Department of Health in Dublin said consideration was being given "to how to further enhance co-operation North-South in regards to overseas travel, including in regards to additional information-sharing".
It said this was part of efforts to have intensive follow-up with passengers arriving from overseas, adding that Dublin and Stormont were in regular contact about Covid issues.
Contact tracing continues to operate on an all-island basis, and information is being shared North and South, though there are significant differences in travel regulations on both sides of the Border.
The UK rules – accepted by the Northern Executive – are less stringent than those in the Republic, with non-essential travel permitted to about 60 countries and no requirement for self-isolation on return.
The UK has imposed no coronavirus-related restrictions on movement within the Common Travel Area – which covers Britain, Ireland, the Channel Islands and the Isle of Man.
However, anyone arriving into the Republic of Ireland from Britain must self-isolate for two weeks. There is no restriction on movement within the island of Ireland.
On Thursday the Northern Executive called on the Irish and British governments to call a summit of the British-Irish Council to address inconsistencies in relation to the Common Travel Area amid the pandemic.
Fatalities
Meanwhile, data published by the Northern Ireland Statistics and Research Agency (Nisra) on Friday showed that the number of deaths involving coronavirus in the North has reached 850.
This is approximately 35 per cent more than the figure of 556 total fatalities recorded by the North’s Department of Health during the same period (until July 17th).
Department of Health figures include only those who previously tested positive for coronavirus, whereas the Nisra figures based on death certificate information include cases where there may or may not have been a positive test for Covid-19.
Just in excess of 50 per cent of deaths were among care home residents, according to Nisra.
Five deaths occurred last week, while the total number of coronavirus-related fatalities reported by the Department of Health remained at 556 on Friday.
Fifteen new cases of Covid-19 were identified in the North in the past 24 hours, bringing the total number of cases identified there since the beginning of the outbreak to 5,891.


theirishtimes--2020-07-24--Adrian Donohoe murder accused ‘wore the shooting like a badge of honour’, court told

The man accused of murdering Detective Garda Adrian Donohoe “ wore the shooting like a badge of honour ” when he moved to America and believed he was “ beyond the long arm of the law ” , a barrister has told the Central Criminal Court .
Lorcan Staines SC for the prosecution in his closing speech told the jury that the accused man Aaron Brady is a “ skilled and practised liar ” who told a “ litany of lies ” to gardaí and to the jury for his own advantage .
He said that when Mr Brady moved @ @ @ @ @ @ @ Det Gda Adrian Donohoe to “ intimidate and curry influence ” and talked about it in front of a number of people on different occasions , “ sometimes crying , lamenting in drink or bragging with his chest puffed out.
” He said Mr Brady was confident that nobody would speak up when gardaí arrived in New York to investigate .
Counsel added : “ He was wrong about that .
Not all the people he talked to about this were willing to turn the other way .
Two came to give evidence.
@ @ @ @ @ @ @ as a “ good man , a good husband , father , brother son .
He was a member of his community , he was a colleague.
” He said that when Mr Brady pulled the trigger , “ he knew he was pulling that trigger at a member of An Garda Síochána .
” Aaron Brady ( 29 ) from New Road , Crossmaglen , Co Armagh has pleaded not guilty to the capital murder of Det Gda Donohoe who was then a member of An Garda Síochána on active duty on @ @ @ @ @ @ @ Union , Bellurgan , Co Louth .
Mr Brady has also pleaded not guilty to a charge of robbing approximately €7,000 in cash and assorted cheques on the same date and at the same location .
Mr Staines told the jury the prosecution relies on circumstantial evidence , which he described as a series of matters that on their own could simply be coincidence .
He added : “ It ’ s your personal tolerance when coincidence is put on top of coincidence until there comes a point that it is an affront @ @ @ @ @ @ @ things are coincidence.
” He reminded the jury that Mr Brady described himself as a victim of a Garda campaign and the media .
Counsel said it would be “ easy to ridicule that ” but he wanted to look at it coldly and dispassionately and ask , “ could this all be a mistake , a lot of bad luck , a lot of strange circumstances that could happen.
” He pointed to evidence that he said shows two associates of Mr Brady who can not be identified , Suspect A and @ @ @ @ @ @ @ days before events at Lordship Credit Union to steal a Volkswagen Passat that was used in the robbery and fatal shooting .
If this were just coincidence , he said , CCTV from Clogherhead around the time the Volkswagen was stolen from outside a house in the village would not have shown Suspect A ’ s distinctive BMW 5-series with a modified roof but another BMW 5-series with a modified roof .
He said further CCTV footage showing Suspect A ’ s BMW with the passenger side window down while it passed through @ @ @ @ @ @ @ be evidence of a scoping exercise .
The specific time when Aaron Brady has said he was alone and laundering diesel “ happened to coincide ” with the time that a separate gang of local men were planning to rob Lordship Credit Union .
He said the jury would have to believe that all the phones belonging to Mr Brady , Suspect A and Suspect B were inactive for “ innocent reasons ” for more than two hours at a time that “ coincides perfectly with the robbery at Lordship Credit Union ” @ @ @ @ @ @ @ calls between Mr Brady and Suspect B at relevant times would have to be further coincidence and it would be a coincidence that a BMW 5-series was seen passing an area close to where the Volkswagen was burned out shortly after the robbery .
A further coincidence would be that Suspect A ’ s father ’ s car was seen travelling at speed close to Lordship shortly after the robbery .
The burn site , off a remote country lane in south Armagh , was also used six months earlier as a dump @ @ @ @ @ @ @ a van that Mr Brady is known to have driven .
All corners of the world Counsel asked the jury to consider the further coincidence that Mr Brady , Suspect A , Suspect B and Suspect A ’ s brother “ fled to all corners of the world ” shortly after the shooting .
It would , counsel said , also have to be coincidence that Daniel Cahill and Molly Staunton said that Mr Brady had confessed to shooting a garda in the course of a robbery while he lived in America .
@ @ @ @ @ @ @ Mr Brady admit to shooting a garda on three occasions , would have to have done so out of personal animus or because he was under threat from Homeland Security , Mr Staines said .
While Ms Staunton , “ an American citizen with no animus whatsoever mistakenly told you what you heard ” .
Mr Staines concluded : “ Is that reasonably possible ?
That would be some string of unfortunate events .
The prosecution leaves that determination in your hands.
” Mr Staines began by telling the jury that this trial @ @ @ @ @ @ @ has heard more than 60 days of evidence over six months during “ times that are highly unusual for the country ” .
He said there has been tension among the parties in court and emotion on display .
“ The devastation that is caused by the death of Detective Garda Adrian Donohoe is hard to imagine , ” he said , adding : “ He was a good man , a good husband , father , brother , son .
He was a member of his community , he was a colleague @ @ @ @ @ @ @ all of that.
” But he said the jury has to put all that aside and engage in a “ cold hard analysis of the evidence.
” The motive for the robbery at Lordship , counsel said , was a “ base criminal motive , the pursuit of money through violence.
” He said Mr Brady was under money pressure in January 2013 because he needed to pay compensation arising out of a criminal damage charge to which he pleaded guilty and he wanted to buy a car for his then girlfriend Jessica @ @ @ @ @ @ @ an issue in the trial , counsel said , when Mr Brady tried to downplay it in his direct evidence before the jury .
Mr Staines reminded the jury that the accused told his own counsel that after leaving school aged 16 he had worked “ constantly ” and was never on the dole for more than a month .
That was , Mr Staines said , a “ straight up lie , a stupid lie ” because it was contradicted by Mr Brady ’ s statement to gardaí in February 2013 in @ @ @ @ @ @ @ with employment and had been on the dole in Northern Ireland getting €50 ( £45Stg ) per week coming up to Christmas 2012 .
Mr Staines added : “ The reason that lie is important is because this is one of the most important days of his life and he immediately tries to convince you of something that is not true.
” Counsel added : “ He has told you a litany of lies , big lies , little lies , clever lies , stupid lies but all lies told for the same @ @ @ @ @ @ @ ” Mr Staines asked the jury if they thought other aspects of his evidence “ rang true ” , such as when he said Suspect A was earning a six figure sum in America and wouldn ’ t be involved in stealing cars .
Counsel reminded the jury that Mr Brady ’ s former girlfriend Jessica King told them that she confronted Mr Brady about a suggestion that he was involved in stealing a car in an unrelated incident and he blamed Suspect A .
“ Jessica King has no reason to lie @ @ @ @ @ @ @ is he telling you that [ SUSPECT A ] wouldn ’ t be involved in stealing cars when he specifically told Jessica King the opposite ?
” Mr Staines also pointed to Mr Brady ’ s alibi which , he said , was delivered to the prosecution in September 2019 and contained one line stating that the accused was at an address on Concession Road in south Armagh when the shooting occurred .
Last December , after the trial was due to begin , Mr Brady sent a note to the prosecution giving @ @ @ @ @ @ @ that he had lied to gardaí in 2013 about his movements .
Mr Staines criticised the manner of Mr Brady ’ s defence , adding : “ The criticisms I make are of Aaron Brady , not of his lawyers .
He has been provided with some of the best lawyers in the State who do their jobs to the highest professional standards .
But they act on his instructions.
” He said Mr Brady had asked his lawyers to argue that “ black was white ” and accused Mr Brady of taking @ @ @ @ @ @ @ by the prosecution to construct a false alibi around diesel laundering .
Counsel added : “ He is a skilled and practised liar and he does what clever liars do , takes real events and superimposes onto them falsities.
” He said that what Mr Brady told his lawyers to do to Daniel Cahill was “ disgraceful ” .
During cross examination Justin McQuade BL for the defence suggested that Mr Cahill was an active member of the “ Ryan Crew ” or Dublin Real IRA , something Mr Cahill strongly denied .
@ @ @ @ @ @ @ “ outrageous ” suggestion and Mr McQaude apologised .
Mr Staines today described it as a “ completely baseless suggestion ” .
He said Mr Cahill had come from a difficult background but had no convictions , got a job as a hairdresser and then went to New York where he has worked as a barman .
He added : “ And he comes to court to give evidence and all this mud is raked over him with no real basis for any of it.
” Mr Staines said there is no evidence @ @ @ @ @ @ @ Security to Mr Cahill in return for his evidence and asked the jury to assess what the witness said for themselves .
Mr Staines addressed the capital murder charge , explaining that for a guilty verdict the prosecution must prove that Mr Brady shot Det Gda Donohoe knowing he was acting in accordance with his duty as a garda .
Counsel described the robbery as well organised with evidence of several days of planning .
He went through the evidence of Detective Garda Seamus O ’ Donnell who said that the gun cartridge @ @ @ @ @ @ @ pump action or semi-automatic shotgun that was fired within six feet of Det Gda Donohoe .
He also described the five-step process of making such a gun ready to fire : the manual loading of a live cartridge into the weapon , pulling back the bolt or pump mechanism to load the cartridge into position , manually releasing the safety , pointing the weapon at the target and applying three to four pounds of pressure to the trigger .
He asked the jury to watch CCTV of the moment Det Gda Donohoe was @ @ @ @ @ @ @ shotgun and the possibility it was fired as a warning shot .
He added : “ The natural and probable consequences of the discharge of a shotgun to the head , effectively from point blank range , is death.
” Mr Staines further told the jury that the gang chose Lordship because of its proximity to the border beyond which gardaí can not follow .
They stole the Volkswagen Passat used in the robbery three days beforehand and stashed it where it wouldn ’ t be found , indicating at least three days @ @ @ @ @ @ @ robbery , counsel said , the gang members were dropped to Lordship in the stolen Passat .
When the robbery took place the men had covered their faces , wore dark clothing and there was a suggestion they used walkie talkies to avoid being tracked on their mobile phones .
The Volkswagen Passat blocked the entrance to the credit union carpark with “ perfect precision ” , counsel said , after the credit union employees had left the building carrying the day ’ s takings and just as their cars and the garda @ @ @ @ @ @ @ two men with firearms “ proceed directly to the garda car ” , Mr Staines said while the others went to the employees ’ cars .
He added : “ This gang knows it will be met with an escort of armed gardaí who are following this cash in transit this Friday as it did every Friday.
” Mr Staines said the gang knew which car contained gardaí , adding : “ This was a murder and this was capital murder .
When that five step process was gone through and that trigger @ @ @ @ @ @ @ was pulling that trigger at a member of An Garda Síochána .
They were too organised and had too much knowledge for them not to know that this cash-in-transit was going to be protected by armed gardaí.
” Mr Staines said the defence is likely to raise the issue that Det Gda Joe Ryan , who was in the driver ’ s seat of the garda car , said the shooter was six feet one inch tall whereas Mr Brady is five feet seven or eight inches tall .
Mr Staines reminded the @ @ @ @ @ @ @ in the garda car with a gun in his face at the time .
He also pointed out that when asked to give a description at the scene , he said : “ Dark coloured car was all I got .
I had a shotgun in my face , ” and later : “ All I saw was two men , I had a shotgun in my face.
” Mr Staines further asked if it is surprising that there were no forensics at the scene given the raiders were in and out in @ @ @ @ @ @ @ Passat .
Counsel said that any suggestion this was a poor investigation in which corners were cut is undermined by the evidence that it was “ one of the biggest murder investigations in the history of the State.
” More than 6,000 jobs had been created and thousands of garda reports .
CCTV was secured from 380 locations in Louth and south Armagh , he said .
Counsel further suggested that the defence will point out that Ms King and others described Mr Brady as calm and normal when they met him later @ @ @ @ @ @ @ expect someone who has taken a life in this manner to be “ jumping around ” but Mr Staines asked the jury to “ consider the person we are dealing with.
” He said Inspector John Moroney described Mr Brady as calm when Mr Brady told him a “ pack of lies ” after being stopped the day after the shooting .
The accused also , Mr Staines said , spent two days telling “ lie after lie after lie after lie ” when giving a statement to gardaí in February 2013 .
@ @ @ @ @ @ @ into the witness box in front of the jury and told “ downright lies about silly things , important things , about serious things .
Calmly.
” Michael O ’ Higgins SC for the defence will address the jury of six men and seven women in front of Mr Justice Michael White on Monday .

The man accused of murdering Detective Garda Adrian Donohoe "wore the shooting like a badge of honour" when he moved to America and believed he was "beyond the long arm of the law", a barrister has told the Central Criminal Court.
Lorcan Staines SC for the prosecution in his closing speech told the jury that the accused man Aaron Brady is a "skilled and practised liar" who told a "litany of lies" to gardaí and to the jury for his own advantage. He said that when Mr Brady moved to America he used the shooting of Det Gda Adrian Donohoe to "intimidate and curry influence" and talked about it in front of a number of people on different occasions, "sometimes crying, lamenting in drink or bragging with his chest puffed out."
He said Mr Brady was confident that nobody would speak up when gardaí arrived in New York to investigate. Counsel added: “He was wrong about that. Not all the people he talked to about this were willing to turn the other way. Two came to give evidence.”
Mr Staines also described the deceased as a "good man, a good husband, father, brother son. He was a member of his community, he was a colleague." He said that when Mr Brady pulled the trigger, "he knew he was pulling that trigger at a member of An Garda Síochána. "
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Aaron Brady (29) from New Road, Crossmaglen, Co Armagh has pleaded not guilty to the capital murder of Det Gda Donohoe who was then a member of An Garda Síochána on active duty on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth. Mr Brady has also pleaded not guilty to a charge of robbing approximately €7,000 in cash and assorted cheques on the same date and at the same location.
Circumstantial evidence
Mr Staines told the jury the prosecution relies on circumstantial evidence, which he described as a series of matters that on their own could simply be coincidence. He added: “It’s your personal tolerance when coincidence is put on top of coincidence until there comes a point that it is an affront to common sense that all these little things are coincidence.”
He reminded the jury that Mr Brady described himself as a victim of a Garda campaign and the media. Counsel said it would be “easy to ridicule that” but he wanted to look at it coldly and dispassionately and ask, “could this all be a mistake, a lot of bad luck, a lot of strange circumstances that could happen.”
He pointed to evidence that he said shows two associates of Mr Brady who cannot be identified, Suspect A and Suspect B, travelling to Clogherhead three days before events at Lordship Credit Union to steal a Volkswagen Passat that was used in the robbery and fatal shooting.
If this were just coincidence, he said, CCTV from Clogherhead around the time the Volkswagen was stolen from outside a house in the village would not have shown Suspect A's distinctive BMW 5-series with a modified roof but another BMW 5-series with a modified roof. He said further CCTV footage showing Suspect A's BMW with the passenger side window down while it passed through Lordship hours before the robbery would not be evidence of a scoping exercise. The specific time when Aaron Brady has said he was alone and laundering diesel "happened to coincide" with the time that a separate gang of local men were planning to rob Lordship Credit Union. He said the jury would have to believe that all the phones belonging to Mr Brady, Suspect A and Suspect B were inactive for "innocent reasons" for more than two hours at a time that "coincides perfectly with the robbery at Lordship Credit Union".
He suggested a series of phone calls between Mr Brady and Suspect B at relevant times would have to be further coincidence and it would be a coincidence that a BMW 5-series was seen passing an area close to where the Volkswagen was burned out shortly after the robbery. A further coincidence would be that Suspect A’s father’s car was seen travelling at speed close to Lordship shortly after the robbery.
The burn site, off a remote country lane in south Armagh, was also used six months earlier as a dump site for laundered diesel by someone driving a van that Mr Brady is known to have driven.
All corners of the world
Counsel asked the jury to consider the further coincidence that Mr Brady, Suspect A, Suspect B and Suspect A’s brother “fled to all corners of the world” shortly after the shooting. It would, counsel said, also have to be coincidence that Daniel Cahill and Molly Staunton said that Mr Brady had confessed to shooting a garda in the course of a robbery while he lived in America. Mr Cahill, who said he heard Mr Brady admit to shooting a garda on three occasions, would have to have done so out of personal animus or because he was under threat from Homeland Security, Mr Staines said. While Ms Staunton, “an American citizen with no animus whatsoever mistakenly told you what you heard”.
Mr Staines concluded: “Is that reasonably possible? That would be some string of unfortunate events. The prosecution leaves that determination in your hands.”
Mr Staines began by telling the jury that this trial has been unusual in that the jury has heard more than 60 days of evidence over six months during “times that are highly unusual for the country”.
He said there has been tension among the parties in court and emotion on display. “The devastation that is caused by the death of Detective Garda Adrian Donohoe is hard to imagine,” he said, adding: “He was a good man, a good husband, father, brother, son. He was a member of his community, he was a colleague and there are significant emotions attached to all of that.” But he said the jury has to put all that aside and engage in a “cold hard analysis of the evidence.”
The motive for the robbery at Lordship, counsel said, was a “base criminal motive, the pursuit of money through violence.” He said Mr Brady was under money pressure in January 2013 because he needed to pay compensation arising out of a criminal damage charge to which he pleaded guilty and he wanted to buy a car for his then girlfriend Jessica King. Money pressure became more of an issue in the trial, counsel said, when Mr Brady tried to downplay it in his direct evidence before the jury.
Litany of lies
Mr Staines reminded the jury that the accused told his own counsel that after leaving school aged 16 he had worked "constantly" and was never on the dole for more than a month. That was, Mr Staines said, a "straight up lie, a stupid lie" because it was contradicted by Mr Brady's statement to gardaí in February 2013 in which he said he was having difficulties with employment and had been on the dole in Northern Ireland getting €50 (£45Stg) per week coming up to Christmas 2012. Mr Staines added: "The reason that lie is important is because this is one of the most important days of his life and he immediately tries to convince you of something that is not true."
Counsel added: “He has told you a litany of lies, big lies, little lies, clever lies, stupid lies but all lies told for the same purpose: the advantage of Aaron Brady.”
Mr Staines asked the jury if they thought other aspects of his evidence “rang true”, such as when he said Suspect A was earning a six figure sum in America and wouldn’t be involved in stealing cars. Counsel reminded the jury that Mr Brady’s former girlfriend Jessica King told them that she confronted Mr Brady about a suggestion that he was involved in stealing a car in an unrelated incident and he blamed Suspect A. “Jessica King has no reason to lie,” counsel said, “Why is he telling you that [SUSPECT A]wouldn’t be involved in stealing cars when he specifically told Jessica King the opposite?”
Mr Staines also pointed to Mr Brady’s alibi which, he said, was delivered to the prosecution in September 2019 and contained one line stating that the accused was at an address on Concession Road in south Armagh when the shooting occurred. Last December, after the trial was due to begin, Mr Brady sent a note to the prosecution giving a description of his movements and admitting that he had lied to gardaí in 2013 about his movements.
Mr Staines criticised the manner of Mr Brady’s defence, adding: “The criticisms I make are of Aaron Brady, not of his lawyers. He has been provided with some of the best lawyers in the State who do their jobs to the highest professional standards. But they act on his instructions.” He said Mr Brady had asked his lawyers to argue that “black was white” and accused Mr Brady of taking advantage of the disclosure given to him by the prosecution to construct a false alibi around diesel laundering. Counsel added: “He is a skilled and practised liar and he does what clever liars do, takes real events and superimposes onto them falsities.”
He said that what Mr Brady told his lawyers to do to Daniel Cahill was “disgraceful”. During cross examination Justin McQuade BL for the defence suggested that Mr Cahill was an active member of the “Ryan Crew” or Dublin Real IRA, something Mr Cahill strongly denied. Mr Justice Michael White called it an “outrageous” suggestion and Mr McQaude apologised.
Mr Staines today described it as a “completely baseless suggestion”. He said Mr Cahill had come from a difficult background but had no convictions, got a job as a hairdresser and then went to New York where he has worked as a barman. He added: “And he comes to court to give evidence and all this mud is raked over him with no real basis for any of it.” Mr Staines said there is no evidence of any threats or inducements by Homeland Security to Mr Cahill in return for his evidence and asked the jury to assess what the witness said for themselves.
Capital murder
Mr Staines addressed the capital murder charge, explaining that for a guilty verdict the prosecution must prove that Mr Brady shot Det Gda Donohoe knowing he was acting in accordance with his duty as a garda. Counsel described the robbery as well organised with evidence of several days of planning.
He went through the evidence of Detective Garda Seamus O’Donnell who said that the gun cartridge found at the scene was from a pump action or semi-automatic shotgun that was fired within six feet of Det Gda Donohoe. He also described the five-step process of making such a gun ready to fire: the manual loading of a live cartridge into the weapon, pulling back the bolt or pump mechanism to load the cartridge into position, manually releasing the safety, pointing the weapon at the target and applying three to four pounds of pressure to the trigger.
He asked the jury to watch CCTV of the moment Det Gda Donohoe was shot and assess the angle of the shotgun and the possibility it was fired as a warning shot. He added: “The natural and probable consequences of the discharge of a shotgun to the head, effectively from point blank range, is death.”
Mr Staines further told the jury that the gang chose Lordship because of its proximity to the border beyond which gardaí cannot follow. They stole the Volkswagen Passat used in the robbery three days beforehand and stashed it where it wouldn’t be found, indicating at least three days of planning. 45 minutes before the robbery, counsel said, the gang members were dropped to Lordship in the stolen Passat.
When the robbery took place the men had covered their faces, wore dark clothing and there was a suggestion they used walkie talkies to avoid being tracked on their mobile phones. The Volkswagen Passat blocked the entrance to the credit union carpark with “perfect precision”, counsel said, after the credit union employees had left the building carrying the day’s takings and just as their cars and the garda escort were about to leave.
The two men with firearms “proceed directly to the garda car”, Mr Staines said while the others went to the employees’ cars. He added: “This gang knows it will be met with an escort of armed gardaí who are following this cash in transit this Friday as it did every Friday.”
Mr Staines said the gang knew which car contained gardaí, adding: “This was a murder and this was capital murder. When that five step process was gone through and that trigger was pulled, Aaron Brady knew he was pulling that trigger at a member of An Garda Síochána. They were too organised and had too much knowledge for them not to know that this cash-in-transit was going to be protected by armed gardaí.”
Mr Staines said the defence is likely to raise the issue that Det Gda Joe Ryan, who was in the driver’s seat of the garda car, said the shooter was six feet one inch tall whereas Mr Brady is five feet seven or eight inches tall. Mr Staines reminded the jury that Det Gda Ryan was sitting in the garda car with a gun in his face at the time. He also pointed out that when asked to give a description at the scene, he said: “Dark coloured car was all I got. I had a shotgun in my face,” and later: “All I saw was two men, I had a shotgun in my face.”
Mr Staines further asked if it is surprising that there were no forensics at the scene given the raiders were in and out in 58 seconds and burned out the Volkswagen Passat. Counsel said that any suggestion this was a poor investigation in which corners were cut is undermined by the evidence that it was “one of the biggest murder investigations in the history of the State.” More than 6,000 jobs had been created and thousands of garda reports. CCTV was secured from 380 locations in Louth and south Armagh, he said.
Counsel further suggested that the defence will point out that Ms King and others described Mr Brady as calm and normal when they met him later that night. He said you might expect someone who has taken a life in this manner to be “jumping around” but Mr Staines asked the jury to “consider the person we are dealing with.”
He said Inspector John Moroney described Mr Brady as calm when Mr Brady told him a “pack of lies” after being stopped the day after the shooting. The accused also, Mr Staines said, spent two days telling “lie after lie after lie after lie” when giving a statement to gardaí in February 2013. He then, counsel said, got into the witness box in front of the jury and told “downright lies about silly things, important things, about serious things. Calmly.”
Michael O’Higgins SC for the defence will address the jury of six men and seven women in front of Mr Justice Michael White on Monday.


theirishtimes--2020-07-24--State wins ruling on refugee applications affecting over 250 people

The State has won an important Supreme Court appeal affecting more than 250 people who claim , on humanitarian grounds , their applications for refugee status should be decided here and not transferred to another EU state .
On Friday , a five-judge court ruled the Minister for Justice retains discretion concerning transfer of such applications here and has not devolved it on to the International Protection Office and International Protection Appeals Tribunal ( IPAT ) .
The appeal concerned the Dublin III Regulation setting out criteria to be used by EU member states in determining which state is responsible @ @ @ @ @ @ @ appeal centred on article 17 of the regulation , providing an exception to the general rule that applications for asylum be decided by the EU state where asylum was first sought or where the applicant first travelled on a visa .
Article 17 provides that a member state which receives an application for refugee status has discretion to consider it , including on humanitarian and family reunification grounds .
The Minister and the State had appealed against a Court of Appeal ( COA ) decision in proceedings by a Pakistani mother and her @ @ @ @ @ @ @ UK on a visiting visa .
When that expired in late May 2015 , they came to Ireland and sought asylum on the basis of alleged brutality of the woman ’ s husband who was said to be still in the UK .
Their claim was not examined here after the UK Home Office informed the Irish authorities the mother ’ s fingerprints matched the UK records concerning the family ’ s visa .
When the family were informed it had been decided their asylum application should be examined in the UK in @ @ @ @ @ @ @ they appealed to the Refugee Appeals Tribunal , now IPAT .
They took legal proceedings after the tribunal informed them it had no power under the EU ( Dublin System ) Regulations 2014 to exercise a discretion in favour of considering their substantive application for refugee status .
They argued a discretionary power had been vested by the State in the tribunal under the relevant statutory instruments in the general asylum decision system and that family rights were at issue .
The State secured a further appeal to the Supreme Court after the @ @ @ @ @ @ @ humanitarian consideration not to transfer vested in the refugee assessment bodies and the Minister had no primary or residual power in that regard .
Delivering the Supreme Court judgment , Mr Justice Peter Charleton said the discretion concerning whether to examine an application here or transfer it is vested in the Minister and had not been passed to the refugee assessment bodies by a 2014 statutory instrument giving effect to the Dublin III Regulation .
What has been transferred are “ administrative tasks ” as to the inquiry into the origin of an @ @ @ @ @ @ @ sought asylum or a visa from another country , he said .
The decision-making bodies may request another country to take back an applicant for the purposes of the Dublin III Regulation and have also had devolved on to them , from the Minister , the function of determining that Ireland should take back an applicant from another country , he said .
Where a transfer becomes necessary , “ the Minister is responsible ” .
The issue of rights was not part of the family ’ s statement of grounds for judicial @ @ @ @ @ @ @ III is part of European law and the 2014 statutory instrument is an implementation of that , he said .
The system under Dublin III assumed equality of rights being upheld throughout and that transfer enables examination of an application in the transferred country as thoroughly as here “ and probably more expeditiously ” .

Friday’s appeal concerned the Dublin III Regulation setting out criteria to be used by EU member states in determining which state is responsible for considering a protection application
The State has won an important Supreme Court appeal affecting more than 250 people who claim, on humanitarian grounds, their applications for refugee status should be decided here and not transferred to another EU state.
On Friday, a five-judge court ruled the Minister for Justice retains discretion concerning transfer of such applications here and has not devolved it on to the International Protection Office and International Protection Appeals Tribunal (IPAT).
The appeal concerned the Dublin III Regulation setting out criteria to be used by EU member states in determining which state is responsible for considering a protection application.
The appeal centred on article 17 of the regulation, providing an exception to the general rule that applications for asylum be decided by the EU state where asylum was first sought or where the applicant first travelled on a visa. Article 17 provides that a member state which receives an application for refugee status has discretion to consider it, including on humanitarian and family reunification grounds.
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The Minister and the State had appealed against a Court of Appeal (COA) decision in proceedings by a Pakistani mother and her three children who originally went to the UK on a visiting visa.
When that expired in late May 2015, they came to Ireland and sought asylum on the basis of alleged brutality of the woman's husband who was said to be still in the UK.
Fingerprints
Their claim was not examined here after the UK Home Office informed the Irish authorities the mother’s fingerprints matched the UK records concerning the family’s visa.
When the family were informed it had been decided their asylum application should be examined in the UK in line with the Dublin III Regulation, they appealed to the Refugee Appeals Tribunal, now IPAT.
They took legal proceedings after the tribunal informed them it had no power under the EU (Dublin System) Regulations 2014 to exercise a discretion in favour of considering their substantive application for refugee status.
They argued a discretionary power had been vested by the State in the tribunal under the relevant statutory instruments in the general asylum decision system and that family rights were at issue.
The State secured a further appeal to the Supreme Court after the COA decided the power to apply discretionary humanitarian consideration not to transfer vested in the refugee assessment bodies and the Minister had no primary or residual power in that regard.
Delivering the Supreme Court judgment, Mr Justice Peter Charleton said the discretion concerning whether to examine an application here or transfer it is vested in the Minister and had not been passed to the refugee assessment bodies by a 2014 statutory instrument giving effect to the Dublin III Regulation.
What has been transferred are “administrative tasks” as to the inquiry into the origin of an applicant for protection and whether they had sought asylum or a visa from another country, he said.
Minister responsible
The decision-making bodies may request another country to take back an applicant for the purposes of the Dublin III Regulation and have also had devolved on to them, from the Minister, the function of determining that Ireland should take back an applicant from another country, he said. Where a transfer becomes necessary, “the Minister is responsible”.
The issue of rights was not part of the family’s statement of grounds for judicial review, he also said.
Dublin III is part of European law and the 2014 statutory instrument is an implementation of that, he said.
The system under Dublin III assumed equality of rights being upheld throughout and that transfer enables examination of an application in the transferred country as thoroughly as here “and probably more expeditiously”.


theirishtimes--2020-07-24--Bus driver ‘lied repeatedly’ in failed €60,000 damages claim, judge says

A driver for Dublin Bus , who was held by a judge to have repeatedly lied under oath , has lost a €60,000 rear-ending damages claim and has been directed to pay the legal costs and expenses of RSA Insurance .
Judge John O ’ Connor told Freddy Diankenda ( 45 ) that the court was satisfied he had told one lie after another in his evidence and that he had deliberately withheld relevant information from doctors and his legal team in the case .
He said he would not make any orders with regard to remitting papers in the @ @ @ @ @ @ @ ( DPP ) as he felt it was a matter for insurance companies in such actions to advocate any potential criminal follow-up .
Judge O ’ Connor told barrister Paul McMorrow , counsel for RSA Insurance , which successfully applied to have Mr Diankenda ’ s case thrown out , that the court was conscious about doing anything that might prejudice a trial .
Mr McMorrow , for RSA and its insured driver , Elizabeth Robertson , had asked Judge O ’ Connor if he would consider referring the case to the DPP @ @ @ @ @ @ @ lied to doctors , the court and his solicitor and counsel about a third accident and personal injuries claim he had kept hidden .
Mr McMorrow said Mr Diankenda had obtained €14,000 damages from a first rear-ending accident in 2016 and was now seeking damages for a second accident he claimed had happened only three weeks later .
He had not told anyone of a claim for a third rear-ending accident in 2017 , made against AXA Insurance .
Judge O ’ Connor said not only had Mr Diankenda told lies , he @ @ @ @ @ @ @ replies to questions .
Mr Diankenda , of Priory Grove , Johnstown , Navan , Co Meath , claimed he suffered whiplash injuries when Ms Robertson drove into the back of his cousin ’ s car .
Mr Diankenda , in the view of the judge , had deliberately refused to answer questions relating to the third claim he attempted to make against AXA .
An order for costs was made against Mr Diankenda .

Freddy Diankenda leaving the Four Courts in Dublin on Friday after his Circuit Civil Court action was dismissed. Photograph: Collins Courts
A driver for Dublin Bus, who was held by a judge to have repeatedly lied under oath, has lost a €60,000 rear-ending damages claim and has been directed to pay the legal costs and expenses of RSA Insurance.
Judge John O’Connor told Freddy Diankenda (45) that the court was satisfied he had told one lie after another in his evidence and that he had deliberately withheld relevant information from doctors and his legal team in the case.
He said he would not make any orders with regard to remitting papers in the case to the Director of Public Prosecutions (DPP) as he felt it was a matter for insurance companies in such actions to advocate any potential criminal follow-up.
Judge O’Connor told barrister Paul McMorrow, counsel for RSA Insurance, which successfully applied to have Mr Diankenda’s case thrown out, that the court was conscious about doing anything that might prejudice a trial.
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Mr McMorrow, for RSA and its insured driver, Elizabeth Robertson, had asked Judge O’Connor if he would consider referring the case to the DPP.
Hidden
Mr McMorrow said Mr Diankenda had lied to doctors, the court and his solicitor and counsel about a third accident and personal injuries claim he had kept hidden.
Mr McMorrow said Mr Diankenda had obtained €14,000 damages from a first rear-ending accident in 2016 and was now seeking damages for a second accident he claimed had happened only three weeks later. He had not told anyone of a claim for a third rear-ending accident in 2017, made against AXA Insurance.
Judge O’Connor said not only had Mr Diankenda told lies, he had attempted to cover them up in replies to questions.
Mr Diankenda, of Priory Grove, Johnstown, Navan, Co Meath, claimed he suffered whiplash injuries when Ms Robertson drove into the back of his cousin’s car. Mr Diankenda, in the view of the judge, had deliberately refused to answer questions relating to the third claim he attempted to make against AXA.
An order for costs was made against Mr Diankenda.


theirishtimes--2020-07-24--Student who knocked woman into ditch with car has her jail-term cut

A Wexford commerce student jailed for careless driving causing serious bodily harm to a woman walking her dogs on a country road has had her sentence reduced on appeal .
The Gorey pedestrian , who is in her 60s , was thrown over a ditch at Millands , Gorey , Co Wexford after she was struck by the car , and was left lying seriously injured for an hour before being discovered Pamela Levingston had been walking her dogs shortly before 7.30am on May 28 , 2018 , when she saw a car approach .
Wexford Circuit Court had heard @ @ @ @ @ @ @ she could from oncoming traffic , but was struck by the car being driven by Chloe Bates , who did not stop .
Ms Levingston sustained injuries to her heart that required stents , and fractures to her legs , arms , ribs and breastbone .
Ms Levingston also required emergency surgery , resulting in five months in hospital , then followed by a recuperative period in a wheelchair .
Bates ( 21 ) of Summerfield , Ballycale , Gorey , was sentenced to 12 months ’ imprisonment for the careless driving charge @ @ @ @ @ @ @ was given a four-month concurrent sentence for the hit-and-run by Judge Cormac Quinn .
On Friday , the Court of Appeal judged Ms Bates ’ sentence excessive and cut her jail-term to eight months .
Mr Justice George Birmingham , presiding with Mr Justice John Edwards and Ms Justice Úna Ní Raifeartaigh , said the court found that the mitigating factors in the case needed to be reflected in a greater reduction from the headline sentence of 18 months provided by the sentencing judge .
Mr Justice Birmingham said the court had been @ @ @ @ @ @ @ the sentence below 12 months was an error which justified and required the intervention of the appeal court .
Mr Justice Birmingham noted that while there was “ significant co-operation ” from Ms Bates in terms of attending the Garda station and making her car available for analysis , “ co-operation was far from total ” .
Ms Bates handed in her phone but refused to give a PIN number and had twice said she would give a statement but none were made .
Ms Bates ’ barrister , Mr Colman Cody SC @ @ @ @ @ @ @ had made an error in principle in not suspending any or all of the sentence .
He also argued that disproportionate weight had been given to her failure to remain at the scene .
Counsel said Ms Bates thought she had hit a wall or post , had reversed but not seen anyone or anything , and had then proceeded home .
When she later heard that a person had been injured , she presented voluntarily at Gorey Garda station , he said .
“ This offsets to some extent what might be @ @ @ @ @ @ @ to remain at the scene , ” he submitted .
Mr Cody further argued that insufficient weight had been given to the mitigating factors , which he said were all ‘ rolled up ’ into one .
In his judgement , concluding that the original sentence erred , Mr Justice Birmingham noted the defence ’ s argument that Ms Bates did not know she had hit someone and had reversed to the scene to check before continuing on .
However , Mr Justice Birmingham agreed that the offence was in the upper end @ @ @ @ @ @ @ was “ below the standard of the reasonably competent driver ” .
Mr Justice Birmingham said he did not disagree with Judge Quinn ’ s headline sentence of 18 months but said there were enough mitigating factors to reduce the sentence .
“ It is is very difficult to understand how the appellant could have failed to see Mrs Levingston walking her two dogs on this country road on a bright May morning .
It might be possible to draw the inference that she was distracted by the fact that she was returning @ @ @ @ @ @ @ stayed out the previous night without having given advance notice of an intention to do so , causing her mother to fear the worst , ” Mr Justice Birmingham wrote .
The difficulties the Court of Appeal considered were around the mitigating aspects of the case in that the appellant ’ s counsel had said the guilty pleas “ would have merited a reduction of 25-33 per cent ” and “ that there was significant other mitigation present , which should have been reflected in a further significant reduction , ” the judge @ @ @ @ @ @ @ Bates was a “ young woman of impeccable character , who has made a positive contribution to society ” , was 19 at the time and the court was pointed towards multiple testimonies to her good character .
Mr Justice Birmingham re-sentenced Ms Bates to eight months ’ imprisonment , with the sentence to date from June 18th last .

Mr Justice Birmingham said the court had been persuaded that the failure to further reduce the sentence below 12 months was an error.
A Wexford commerce student jailed for careless driving causing serious bodily harm to a woman walking her dogs on a country road has had her sentence reduced on appeal.
The Gorey pedestrian, who is in her 60s, was thrown over a ditch at Millands, Gorey, Co Wexford after she was struck by the car, and was left lying seriously injured for an hour before being discovered
Pamela Levingston had been walking her dogs shortly before 7.30am on May 28, 2018, when she saw a car approach.
Wexford Circuit Court had heard that she moved in as much as she could from oncoming traffic, but was struck by the car being driven by Chloe Bates, who did not stop.
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Ms Levingston sustained injuries to her heart that required stents, and fractures to her legs, arms, ribs and breastbone. Ms Levingston also required emergency surgery, resulting in five months in hospital, then followed by a recuperative period in a wheelchair.
Bates (21) of Summerfield, Ballycale, Gorey, was sentenced to 12 months' imprisonment for the careless driving charge at the circuit court last month and was given a four-month concurrent sentence for the hit-and-run by Judge Cormac Quinn.
On Friday, the Court of Appeal judged Ms Bates’ sentence excessive and cut her jail-term to eight months.
Mr Justice George Birmingham, presiding with Mr Justice John Edwards and Ms Justice Úna Ní Raifeartaigh, said the court found that the mitigating factors in the case needed to be reflected in a greater reduction from the headline sentence of 18 months provided by the sentencing judge.
Mr Justice Birmingham said the court had been persuaded that the failure to further reduce the sentence below 12 months was an error which justified and required the intervention of the appeal court.
Mr Justice Birmingham noted that while there was “significant co-operation” from Ms Bates in terms of attending the Garda station and making her car available for analysis, “co-operation was far from total”.
Ms Bates handed in her phone but refused to give a PIN number and had twice said she would give a statement but none were made.
Ms Bates’ barrister, Mr Colman Cody SC, had submitted that the sentencing judge had made an error in principle in not suspending any or all of the sentence.
He also argued that disproportionate weight had been given to her failure to remain at the scene.
Counsel said Ms Bates thought she had hit a wall or post, had reversed but not seen anyone or anything, and had then proceeded home.
When she later heard that a person had been injured, she presented voluntarily at Gorey Garda station, he said.
“This offsets to some extent what might be described as the aggravating factor of failing to remain at the scene,” he submitted.
Mr Cody further argued that insufficient weight had been given to the mitigating factors, which he said were all 'rolled up' into one.
In his judgement, concluding that the original sentence erred, Mr Justice Birmingham noted the defence’s argument that Ms Bates did not know she had hit someone and had reversed to the scene to check before continuing on.
However, Mr Justice Birmingham agreed that the offence was in the upper end of the scale of careless driving and was “below the standard of the reasonably competent driver”.
Mr Justice Birmingham said he did not disagree with Judge Quinn’s headline sentence of 18 months but said there were enough mitigating factors to reduce the sentence.
“It is is very difficult to understand how the appellant could have failed to see Mrs Levingston walking her two dogs on this country road on a bright May morning. It might be possible to draw the inference that she was distracted by the fact that she was returning to engage with her mother, having stayed out the previous night without having given advance notice of an intention to do so, causing her mother to fear the worst,” Mr Justice Birmingham wrote.
The difficulties the Court of Appeal considered were around the mitigating aspects of the case in that the appellant’s counsel had said the guilty pleas “would have merited a reduction of 25-33 per cent” and “that there was significant other mitigation present, which should have been reflected in a further significant reduction,” the judge ruled.
Mr Justice Birmingham said Ms Bates was a “young woman of impeccable character, who has made a positive contribution to society”, was 19 at the time and the court was pointed towards multiple testimonies to her good character.
Mr Justice Birmingham re-sentenced Ms Bates to eight months’ imprisonment, with the sentence to date from June 18th last.


theirishtimes--2020-07-24--Terminally ill woman seeks urgent hearing of case over smear slides

A terminally ill woman is seeking an urgent hearing of her action over the alleged misreporting of her CervicalCheck smear slides .
The situation facing the 41-year-old woman is “ really desperate ” , her counsel Patrick Treacy SC told the High Court on Friday .
There are serious concerns that the woman , who the court has ordered can not be identified , “ won ’ t make it ” even if her action against the HSE and a US laboratory is brought forward , counsel said .
It was indicated to the court last year that the woman @ @ @ @ @ @ @ to live .
Mr Treacy , instructed by Cian O ’ Carroll solicitor , asked that the case be rescheduled for September 1st rather than for the middle of that month .
He said the woman had to have surgery for a clot this week following a CT scan and has been informed that palliative chemotherapy has been unsuccessful .
The woman is now further at risk of cancer recurrence , he said .
Mr Treacy said his side had sought mediation in the case but was informed that the defendants are not @ @ @ @ @ @ @ may have to be taken on commission in advance of the scheduled hearing but she has been so ill it has not been possible to examine that possibility with her , he added .
The woman and her partner have sued the HSE and US laboratory Quest Diagnostics .
It is claimed that the woman had a cervical smear test in June 2016 under the national cervical screening programme , which was examined in a Quest Diagnostics lab and came back as negative for malignancy or lesion .
The woman was advised in @ @ @ @ @ @ @ smear test detected no abnormalities .
It is claimed that in 2018 the woman had another smear test which came back from the laboratory as negative for lesion or malignancy .
She was told in a letter in February of last year that the test had detected no abnormalities .
She was diagnosed with Stage 2 cancer last July and underwent chemotherapy and radiotherapy .
She was diagnosed with metastatic disease in her lungs and lymph nodes in April .
The woman claims she was deprived of the opportunity of a timely and @ @ @ @ @ @ @ and of the opportunity of treatment at a time when her disease was amenable to curative treatment .
She alleges that her life expectancy was caused to be significantly reduced and that the alleged misreporting of her smear test led to an opportunity to diagnose her cancer at a time when it was curable being missed .
Mr Justice Kevin Cross adjourned the case for mention next Tuesday when a medical report on the woman ’ s condition will be provided to the court .

A terminally ill woman is seeking an urgent hearing of her High Court action over the alleged misreporting of her CervicalCheck smear slides. File photograph: Bryan O’Brien/The Irish Times.
A terminally ill woman is seeking an urgent hearing of her action over the alleged misreporting of her CervicalCheck smear slides.
The situation facing the 41-year-old woman is “really desperate” , her counsel Patrick Treacy SC told the High Court on Friday.
There are serious concerns that the woman, who the court has ordered cannot be identified, “won’t make it” even if her action against the HSE and a US laboratory is brought forward, counsel said.
It was indicated to the court last year that the woman had an estimated nine to 18 months to live.
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Mr Treacy, instructed by Cian O’Carroll solicitor, asked that the case be rescheduled for September 1st rather than for the middle of that month.
He said the woman had to have surgery for a clot this week following a CT scan and has been informed that palliative chemotherapy has been unsuccessful. The woman is now further at risk of cancer recurrence, he said.
Not ready
Mr Treacy said his side had sought mediation in the case but was informed that the defendants are not ready. The woman’s evidence may have to be taken on commission in advance of the scheduled hearing but she has been so ill it has not been possible to examine that possibility with her, he added.
The woman and her partner have sued the HSE and US laboratory Quest Diagnostics. It is claimed that the woman had a cervical smear test in June 2016 under the national cervical screening programme, which was examined in a Quest Diagnostics lab and came back as negative for malignancy or lesion.
The woman was advised in a letter a few weeks later the smear test detected no abnormalities. It is claimed that in 2018 the woman had another smear test which came back from the laboratory as negative for lesion or malignancy. She was told in a letter in February of last year that the test had detected no abnormalities.
Metastatic disease
She was diagnosed with Stage 2 cancer last July and underwent chemotherapy and radiotherapy. She was diagnosed with metastatic disease in her lungs and lymph nodes in April.
The woman claims she was deprived of the opportunity of a timely and effective investigation and management of her condition and of the opportunity of treatment at a time when her disease was amenable to curative treatment.
She alleges that her life expectancy was caused to be significantly reduced and that the alleged misreporting of her smear test led to an opportunity to diagnose her cancer at a time when it was curable being missed.
The defendants deny the claims.
Mr Justice Kevin Cross adjourned the case for mention next Tuesday when a medical report on the woman’s condition will be provided to the court.


theirishtimes--2020-07-24--ASTI warns that funding to reopen schools is insufficient

A commitment of €42 million to help secondary schools prepare classrooms for the return of students is insufficient , and the Government will have to “ dig deeper ” , the Association of Secondary Teachers of Ireland ( ASTI ) convention was told on Friday .
Addressing members , general secretary Kieran Christie said Covid-19 and the necessary response required an end to “ penny pinching ” investment in the sector .
Mr Christie said the capital allocation in the Government ’ s multi-billion stimulus plan published on Thursday was unlikely to be enough to fund the reconfiguration of classroom @ @ @ @ @ @ @ areas , and altering desk layouts and other upgrades .
“ In truth it is doubtful that this capital works package will be enough to meet the enormous challenges that are out there .
I suspect they will have to dig deeper , ” he told the online convention .
“ We have provided a large shopping list .
We insisted on a large and comprehensive investment in the process from central government .
“ The penny-pinching under-investment in our schools has gone on for too long , the cuts have been too @ @ @ @ @ @ @ a moment that they will need to step up to the plate it is with the reopening of schools in the midst of a pandemic.
” The Government is set to publish plans on how it intends to support the safe reopening of schools on Monday .
As well as funds for structural alterations , the plan is also expected to address other issues for teachers including enhanced supervision and substitution given the expected increase in staff absences .
Mr Christie told members there was a lack of support within ASTI for a @ @ @ @ @ @ @ had previously outlined to the Oireachtas Covid-19 committee .
In its engagement with the department , he said ASTI had set out several priorities .
These include comprehensive measures to support social distancing , substantial capital investment , including the rental of extra spaces where necessary , and additional support in the area of cleaning and hygiene requirements .
“ The department has assured us that there will be an abundance of sanitising and PPE supplies available to schools from the get-go .
We will be holding them to that promise , ” @ @ @ @ @ @ @ for substantial additional support in the areas of supervision and substitution .
There is no doubt that existing resources will be inadequate .
“ No more can a teacher soldier on , as many are inclined to do , when a cough and sore throat persists for days.
” Among several issues around reopening schools outlined by the association is the need for revised leave arrangements given an “ inevitable increase ” in absences , while highly vulnerable teaching staff must also be taken into account .
Mr Christie also said they had @ @ @ @ @ @ @ being introduced given the demands of what lies ahead .
“ The negative consequences for the quality and fairness of education could last for years , ” he warned members .
Earlier , ASTI president Deirdre Mac Donald said when she finished her tenure she intended to forward a motion addressing the health and safety of teachers .
This , she said , would demand adequate financial resourcing , training and additional staff .
“ We will not be returning as normal to schools in September , ” she said .
“ There @ @ @ @ @ @ @ ” Mr Christie had praised second-level teachers for providing remote learning to students within days of school closures without resources or training .
However , addressing the convention remotely , Edel Farrell , a member of ASTI ’ s education committee , said this had led to an increase in workload and hours .

ASTI general secretary Kieran Christie: he said the “penny-pinching under-vestment in our schools has gone on for too long, the cuts have been too deep”. Photograph: Dara Mac Dónaill
A commitment of €42 million to help secondary schools prepare classrooms for the return of students is insufficient, and the Government will have to “dig deeper”, the Association of Secondary Teachers of Ireland (ASTI) convention was told on Friday.
Addressing members, general secretary Kieran Christie said Covid-19 and the necessary response required an end to "penny pinching" investment in the sector.
Mr Christie said the capital allocation in the Government’s multi-billion stimulus plan published on Thursday was unlikely to be enough to fund the reconfiguration of classroom space, adapting storage facilities and toilet areas, and altering desk layouts and other upgrades.
“In truth it is doubtful that this capital works package will be enough to meet the enormous challenges that are out there. I suspect they will have to dig deeper,” he told the online convention.
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“We have provided a large shopping list. We insisted on a large and comprehensive investment in the process from central government.
“The penny-pinching under-investment in our schools has gone on for too long, the cuts have been too deep, and if ever there was a moment that they will need to step up to the plate it is with the reopening of schools in the midst of a pandemic.”
The Government is set to publish plans on how it intends to support the safe reopening of schools on Monday.
As well as funds for structural alterations, the plan is also expected to address other issues for teachers including enhanced supervision and substitution given the expected increase in staff absences.
Mr Christie told members there was a lack of support within ASTI for a return to standard classrooms, as he had previously outlined to the Oireachtas Covid-19 committee.
In its engagement with the department, he said ASTI had set out several priorities. These include comprehensive measures to support social distancing, substantial capital investment, including the rental of extra spaces where necessary, and additional support in the area of cleaning and hygiene requirements.
“The department has assured us that there will be an abundance of sanitising and PPE supplies available to schools from the get-go. We will be holding them to that promise,” he said.
“We have argued for substantial additional support in the areas of supervision and substitution. There is no doubt that existing resources will be inadequate.
“No more can a teacher soldier on, as many are inclined to do, when a cough and sore throat persists for days.”
Leave arrangements
Among several issues around reopening schools outlined by the association is the need for revised leave arrangements given an “inevitable increase” in absences, while highly vulnerable teaching staff must also be taken into account.
Mr Christie also said they had sought a suspension of any new subjects being introduced given the demands of what lies ahead.
“The negative consequences for the quality and fairness of education could last for years,” he warned members.
Earlier, ASTI president Deirdre Mac Donald said when she finished her tenure she intended to forward a motion addressing the health and safety of teachers. This, she said, would demand adequate financial resourcing, training and additional staff.
“We will not be returning as normal to schools in September,” she said. “There will be big changes and big challenges.”
Mr Christie had praised second-level teachers for providing remote learning to students within days of school closures without resources or training.
However, addressing the convention remotely, Edel Farrell, a member of ASTI's education committee, said this had led to an increase in workload and hours.


theirishtimes--2020-07-24--Garda who harassed State solicitor loses appeal over conviction

A detective garda has lost her Supreme Court bid to overturn her conviction for harassing a State solicitor by sending abusive communications .
In dismissing Eve Doherty ’ s appeal , a five judge Supreme Court clarified the law concerning harassment but stressed it is “ highly desirable ” the relevant 1997 law be updated to provide “ effective ” statutory protection from harassment .
Developments in communications and technology since 1997 only emphasise “ the many ways in which people , sometimes themselves disturbed , and sometimes simply malicious , can torture their fellow human beings and the dreadful @ @ @ @ @ @ @ on those who have the misfortune to be the victim of it ” , Mr Justice Donal O ’ Donnell said .
Ms Doherty , aged in her fifties , of Blackglen Road , Sandyford , Dublin , previously had the balance of her three year sentence suspended by the Court of Appeal .
Her 2017 trial at Dublin Circuit Criminal Court heard that , over an 18-month period , letters and emails were sent to the home and place of work of State solicitor Elizabeth Howlin scurrilously calling her “ corrupt ” @ @ @ @ @ @ @ and a “ two-faced b***h ” .
leaflets were also placed on cars and pillars in her neighbourhood .
At the time in question , 2011-2013 , Ms Howlin worked with the Director of Public Prosecutions ( DPP ) where she was involved in deciding whether or not to direct criminal prosecutions and Doherty was a detective sergeant in the Garda crime and security division .
The court heard Ms Howlin didn ’ t know Doherty until the trial and that Doherty was then in a relationship with Ms Howlin ’ s ex-partner @ @ @ @ @ @ @ imprisonment in January 2018 after being found guilty by a jury on a charge of harassing Ms Howlin between September 2011 and March 2013 .
She denied the charge and was acquitted on two counts of making false statements .
In July 2019 , the Court of Appeal suspended the remainder of her sentence after finding a straight three year sentence in this case involved an error in principle .
Doherty ’ s Supreme Court appeal centred on construction of section 10 of the Non-Fatal Offences Against the Person Act 1997 which creates @ @ @ @ @ @ @ provides , inter alia , that any person who , without lawful authority or reasonable excuse , by any means including a phone , harasses another “ by persistently following , watching , pestering , besetting , or communicating ” with him or her , shall be guilty of an offence .
In judgments on Friday , all five Supreme Court judges agreed Doherty ’ s conviction should be upheld on the wrong of harassment of the victim through communicating with her .
They found it was open to the jury , both @ @ @ @ @ @ @ which the trial judge instructed the jury , to conclude Doherty ’ s conduct amounted to communicating with the victim as provided for in section 10 .
Mr Justice Peter Charleton , who gave the main judgment on the communication issue , noted an “ email blitz ” was anonymously directed by the accused whereby the “ most nasty and derogatory things ” were said about the victim .
The single instance event of leafleting an entire neighbourhood was of itself a “ persistent interference with the human right of the victim to @ @ @ @ @ @ @ said .
“ The point of all of this activity was communication , ” he said .
Communication with the victim occurred , it was intentional and “ on any common sense and shrewd interpretation , was to undermine the life of the victim ” .
A majority of four - Mr Justice O ’ Donnell , Mr Justice John MacMenamim , Ms Justice Iseult O ’ Malley and Ms Justice Marie Baker , agreed what happened in this case was not , as the prosecution had contended , harassment through “ besetting @ @ @ @ @ @ @ that decision on the basis , as set out in a detailed judgment of Ms Justice O ’ Malley focussing on the besetting issue , that besetting requires some physical presence or physical actions , albeit at a distance .
Mr Justice O ’ Donnell agreed the version of besetting advanced by the prosecution in this case was inadequate and that physical action is necessary to constitute besetting under section 10 but said he could not “ definitively ” agree that a victim is beset by someone who stations themselves with hostile intent @ @ @ @ @ @ @ may be .
It would also be necessary to satisfy requirements of persistence and establish subjective and objective elements of the offence , he said .
On the besetting issue , Mr Justice Charleton said his view was the victim was “ beset ” by “ persistent communications ” which beset her life with trouble .
All five agreed “ besetting ” is an “ arcane ” word in the modern era and unsuitable for use in a criminal statute and that it is “ highly desirable ” that section 10 be updated @

Eve Doherty previously had the balance of her three year sentence suspended by the Court of Appeal. File photograph: Collins Courts
A detective garda has lost her Supreme Court bid to overturn her conviction for harassing a State solicitor by sending abusive communications.
In dismissing Eve Doherty’s appeal, a five judge Supreme Court clarified the law concerning harassment but stressed it is “highly desirable” the relevant 1997 law be updated to provide “effective” statutory protection from harassment.
Developments in communications and technology since 1997 only emphasise “the many ways in which people, sometimes themselves disturbed, and sometimes simply malicious, can torture their fellow human beings and the dreadful psychic toll that such behaviour can exact on those who have the misfortune to be the victim of it”, Mr Justice Donal O’Donnell said.
Ms Doherty, aged in her fifties, of Blackglen Road, Sandyford, Dublin, previously had the balance of her three year sentence suspended by the Court of Appeal.
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Her 2017 trial at Dublin Circuit Criminal Court heard that, over an 18-month period, letters and emails were sent to the home and place of work of State solicitor Elizabeth Howlin scurrilously calling her "corrupt", an "incompetent useless hobbit" and a "two-faced b***h". leaflets were also placed on cars and pillars in her neighbourhood.
At the time in question, 2011-2013, Ms Howlin worked with the Director of Public Prosecutions (DPP) where she was involved in deciding whether or not to direct criminal prosecutions and Doherty was a detective sergeant in the Garda crime and security division. The court heard Ms Howlin didn't know Doherty until the trial and that Doherty was then in a relationship with Ms Howlin's ex-partner.
Doherty was sentenced to three years imprisonment in January 2018 after being found guilty by a jury on a charge of harassing Ms Howlin between September 2011 and March 2013. She denied the charge and was acquitted on two counts of making false statements.
In July 2019, the Court of Appeal suspended the remainder of her sentence after finding a straight three year sentence in this case involved an error in principle.
Doherty’s Supreme Court appeal centred on construction of section 10 of the Non-Fatal Offences Against the Person Act 1997 which creates the offence of harassment.
Section 10 provides, inter alia, that any person who, without lawful authority or reasonable excuse, by any means including a phone, harasses another “by persistently following, watching, pestering, besetting, or communicating” with him or her, shall be guilty of an offence.
In judgments on Friday, all five Supreme Court judges agreed Doherty’s conviction should be upheld on the wrong of harassment of the victim through communicating with her.
They found it was open to the jury, both on the evidence and the manner in which the trial judge instructed the jury, to conclude Doherty’s conduct amounted to communicating with the victim as provided for in section 10.
Mr Justice Peter Charleton, who gave the main judgment on the communication issue, noted an "email blitz" was anonymously directed by the accused whereby the "most nasty and derogatory things" were said about the victim.
The single instance event of leafleting an entire neighbourhood was of itself a “persistent interference with the human right of the victim to be left in peace”, he said.
“The point of all of this activity was communication,” he said. Communication with the victim occurred, it was intentional and “on any common sense and shrewd interpretation, was to undermine the life of the victim”.
A majority of four - Mr Justice O'Donnell, Mr Justice John MacMenamim, Ms Justice Iseult O'Malley and Ms Justice Marie Baker, agreed what happened in this case was not, as the prosecution had contended, harassment through "besetting".
Three of that majority reached that decision on the basis, as set out in a detailed judgment of Ms Justice O’Malley focussing on the besetting issue,that besetting requires some physical presence or physical actions, albeit at a distance.
Mr Justice O’Donnell agreed the version of besetting advanced by the prosecution in this case was inadequate and that physical action is necessary to constitute besetting under section 10 but said he could not “definitively” agree that a victim is beset by someone who stations themselves with hostile intent around them or the place where they may be.
It would also be necessary to satisfy requirements of persistence and establish subjective and objective elements of the offence, he said.
On the besetting issue, Mr Justice Charleton said his view was the victim was “beset” by “persistent communications” which beset her life with trouble.
All five agreed “besetting” is an “arcane” word in the modern era and unsuitable for use in a criminal statute and that it is “highly desirable” that section 10 be updated.


theirishtimes--2020-07-24--Noah Donohoe inquest: Coroner seeks end to online speculation about death

A coroner investigating the death of schoolboy Noah Donohoe has demanded an end to online speculation about his death .
Coroner Joe McCrisken described some of the social media commentary about the 14-year-old ’ s death as inaccurate , baseless and potentially criminal .
The St Malachy ’ s College pupil was found dead in a storm drain near the M2 motorway in June , six days after he went missing in north Belfast .
Police believe he entered the drain in the Northwood Road area of north Belfast .
He had cycled to the area from his home in @ @ @ @ @ @ @ missing he was seen with no clothes on .
Prior to that the schoolboy was seen falling off his bike on the Shore Road .
His disappearance prompted a major search operation with hundreds of people from across Belfast involved .
Noah ’ s mother Fiona and aunt Niamh attended an opening preliminary inquest hearing in Belfast on Friday .
A full inquest is due to be heard on January 18th next year .
The coroner said while there was an understandable desire among the public to establish what happened to the schoolboy @ @ @ @ @ @ @ .
“ Most of this content has been inaccurate and baseless and some has been distressing to Noah ’ s family , and some may have been criminal , ” he said .
The coroner , who described Noah as “ well liked , fiercely intelligent and hugely talented ” , said the speculation had to cease immediately .
“ I ’ m asking the community and media to respect my wishes as the coroner responsible for investigating Noah ’ s death and respect the wishes of Noah ’ s family to be @ @ @ @ @ @ @ grieve for Noah , ” he said .
Mr McCrisken stressed that legal proceedings were active and warned that such commentary may be in breach of contempt of court laws .
He said police and coroner ’ s investigators had to be given “ space ” to conduct further inquiries .
Last week , a family spokeswoman said the preliminary findings of a postmortem indicated the schoolboy had drowned and had not suffered a head injury .
One of the police ’ s early theories was that Noah sustained a head injury in @ @ @ @ @ @ @ him to become disorientated and enter the drain .
Mr McCrisken stressed during Friday ’ s hearing that the postmortem results were preliminary and further tests were to be conducted .
During the 15-minute hearing , the coroner outlined some details around Noah ’ s last movements .
He made clear that Noah had not been seen interacting with any other people in all the CCTV footage police had secured of his journey to Northwood Road .
He said his bag containing his laptop was found on York Street and his phone was @ @ @ @ @ @ @ coroner said while some items of Noah ’ s clothes had been recovered , other items had not been found - namely a green coat , grey Primark shorts with no logo , white underwear and a dark green T-shirt with a light green and orange skull image .
He urged anyone with information about the items to come forward .
The coroner also told the hearing that there was no evidence that his death was linked to any other deaths .
Solicitor Niall Murphy , representing the family , said he welcomed @ @ @ @ @ @ @ commentary to stop .
“ The family reiterate that that stop today , ” he said .
Mr Murphy called on residents in the area where Noah went missing to check their CCTV camera recordings .
The solicitor said the family hoped the inquest would be able to answer their questions as to how Noah came to be in a state of undress and how he entered the drain .
He thanked all of those who had been involved in the search and who had passed their thoughts to the family .
Mr @ @ @ @ @ @ @ modicum of comfort ” as the family endures a “ living nightmare ” .
A further preliminary hearing was scheduled for September 30th .
–PA

A coroner investigating the death of schoolboy Noah Donohoe has demanded an end to online speculation about his death.
Coroner Joe McCrisken described some of the social media commentary about the 14-year-old’s death as inaccurate, baseless and potentially criminal.
The St Malachy’s College pupil was found dead in a storm drain near the M2 motorway in June, six days after he went missing in north Belfast.
Police believe he entered the drain in the Northwood Road area of north Belfast. He had cycled to the area from his home in south Belfast and shortly before he went missing he was seen with no clothes on.
READ MORE
Prior to that the schoolboy was seen falling off his bike on the Shore Road.
His disappearance prompted a major search operation with hundreds of people from across Belfast involved. Noah’s mother Fiona and aunt Niamh attended an opening preliminary inquest hearing in Belfast on Friday. A full inquest is due to be heard on January 18th next year.
The coroner said while there was an understandable desire among the public to establish what happened to the schoolboy, he criticised those expressing opinions online.
“Most of this content has been inaccurate and baseless and some has been distressing to Noah’s family, and some may have been criminal,” he said.
The coroner, who described Noah as “well liked, fiercely intelligent and hugely talented”, said the speculation had to cease immediately.
“I’m asking the community and media to respect my wishes as the coroner responsible for investigating Noah’s death and respect the wishes of Noah’s family to be left in peace to begin to properly grieve for Noah,” he said.
Mr McCrisken stressed that legal proceedings were active and warned that such commentary may be in breach of contempt of court laws.
He said police and coroner’s investigators had to be given “space” to conduct further inquiries.
Last week, a family spokeswoman said the preliminary findings of a postmortem indicated the schoolboy had drowned and had not suffered a head injury.
One of the police’s early theories was that Noah sustained a head injury in the fall from his bike, causing him to become disorientated and enter the drain.
Mr McCrisken stressed during Friday’s hearing that the postmortem results were preliminary and further tests were to be conducted.
During the 15-minute hearing, the coroner outlined some details around Noah’s last movements. He made clear that Noah had not been seen interacting with any other people in all the CCTV footage police had secured of his journey to Northwood Road.
He said his bag containing his laptop was found on York Street and his phone was found on North Queen Street. The coroner said while some items of Noah’s clothes had been recovered, other items had not been found - namely a green coat, grey Primark shorts with no logo, white underwear and a dark green T-shirt with a light green and orange skull image.
He urged anyone with information about the items to come forward.
The coroner also told the hearing that there was no evidence that his death was linked to any other deaths. Solicitor Niall Murphy, representing the family, said he welcomed the call for the unhelpful and ill-informed commentary to stop.
“The family reiterate that that stop today,” he said.
Mr Murphy called on residents in the area where Noah went missing to check their CCTV camera recordings. The solicitor said the family hoped the inquest would be able to answer their questions as to how Noah came to be in a state of undress and how he entered the drain.
He thanked all of those who had been involved in the search and who had passed their thoughts to the family. Mr Murphy said they had provided a “modicum of comfort” as the family endures a “living nightmare”.
A further preliminary hearing was scheduled for September 30th. –PA


theirishtimes--2020-07-28--Schools reopening: Prefab manufacturers report spike in orders

Prefab manufacturers have reported an uptick in demand from schools for temporary classroom accommodation , as principals grapple with how to safely reopen schools amid the coronavirus pandemic .
On Monday , the Government published guidance for how schools can reopen in late August , which will include advice on how to maintain physical distance between pupils .
Companies that supply modular accommodation have reported an increase in interest for prefab classroom units in recent weeks , as schools attempt to secure additional space .
Deirdre McCabe , director of Co Kilkenny-based company Roadmaster , said it had received a @ @ @ @ @ @ @ the last two weeks .
However , ordering classroom prefab units would not be a “ quick fix ” for schools as the process can take up to six months , Ms McCabe said .
Schools would need to apply for planning permission and in many cases go through a value-for-money procurement process as well , she said .
“ A lot of the stock is exhausted by others who got in earlier , ” she said .
There had been a “ huge uptake ” in demand from the Health Service Executive @ @ @ @ @ @ @ in the weeks following the national lockdown , she said .
“ If a school rang us today , I would tell them they need planning permission – for that , six months would be the norm , ” she said .
Prefab units now have to adhere to much stricter regulations than in previous decades , she said .
Schools could proceed anyway and then apply for planning retention from their local authority after the fact , but that would be “ unlikely ” , Ms McCabe said .
Without some temporary @ @ @ @ @ @ @ take a dim view if schools across the country put in extra accommodation without planning permission , she said .
Stock of prefabs and temporary cabins was also “ very low in the country ” currently , she said .
“ Our books are full until November .
I can ’ t start building a classroom until November , ” she said .
Principals charged with reopening schools had a “ tough road ahead ” , and often were not aware prefab classrooms required planning permission .
“ It ’ s generally a @ @ @ @ @ @ @ bring that down to three weeks ?
” she said .
Gary Murphy , sales manager with Castlecabin Ltd , a Co Limerick firm which produces modular prefab classrooms , said the summer months were always a busy period for the company .
“ However , this year we are seeing a marked increase in inquiry traffic as the schools prepare to reopen under the Covid-19 reality , ” he said .
“ The timescale is tight but we will be working hard to accommodate as much as we can , ” he @ @ @ @ @ @ @ received five or six calls on Monday alone from schools querying availability , and expected there to be a rush on orders in the coming week .

Prefab manufacturers have reported an increase in demand from schools for temporary classroom accommodation, as principals grapple with how to safely reopen schools amid the coronavirus pandemic.
On Monday, the Government published guidance for how schools can reopen in late August, which will include advice on how to maintain physical distance between pupils.
Companies that supply modular accommodation have reported an increase in interest for prefab classroom units in recent weeks, as schools attempt to secure additional space.
Deirdre McCabe, director of Co Kilkenny-based company Roadmaster, said it had received a spike in calls from school principals in the last two weeks.
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However, ordering classroom prefab units would not be a “quick fix” for schools as the process can take up to six months, Ms McCabe said.
Schools would need to apply for planning permission and in many cases go through a value-for-money procurement process as well, she said.
‘Stricter regulations’
"A lot of the stock is exhausted by others who got in earlier," she said. There had been a "huge uptake" in demand from the Health Service Executive, and other companies returning to work in the weeks following the national lockdown, she said.
“If a school rang us today, I would tell them they need planning permission – for that, six months would be the norm,” she said. Prefab units now have to adhere to much stricter regulations than in previous decades, she said.
Schools could proceed anyway and then apply for planning retention from their local authority after the fact, but that would be “unlikely”, Ms McCabe said.
Without some temporary national derogation, planning authorities would likely take a dim view if schools across the country put in extra accommodation without planning permission, she said.
Depletion of stock
Stock of prefabs and temporary cabins was also “very low in the country” currently, she said. “Our books are full until November. I can’t start building a classroom until November,” she said.
Principals charged with reopening schools had a “tough road ahead”, and often were not aware prefab classrooms required planning permission. “It’s generally a three-to-six month process. How do you bring that down to three weeks?” she said.
Gary Murphy, sales manager with Castlecabin Ltd, a Co Limerick firm which produces modular prefab classrooms, said the summer months were always a busy period for the company.
“However, this year we are seeing a marked increase in inquiry traffic as the schools prepare to reopen under the Covid-19 reality,” he said.
“The timescale is tight but we will be working hard to accommodate as much as we can,” he said.
Mr Murphy said he had received five or six calls on Monday alone from schools querying availability, and expected there to be a rush on orders in the coming week.


theirishtimes--2020-07-28--Denying unemployment payment because of travel could be open to legal challenge

New rules stripping those on unemployment assistance of their payments because they leave the State could be vulnerable to legal challenge , civil liberties and legal experts have said .
Speaking after it emerged that 104 people have had their pandemic unemployment payment ( PUP ) cut after foreign travel , Irish Council for Civil Liberties executive director Liam Herrick said the legal mechanism giving effect to the measure had a “ fatal weakness ” in it .
He said the statutory instrument , enacted by Minister for Social Protection Heather Humphreys earlier this month , in turn relied on @ @ @ @ @ @ @ Foreign Affairs which is not legally-binding .
“ It seems to be grounded on , or give legal status to , something that isn ’ t the law , which is the travel advice.
” He said the rules had several weaknesses in his view , which gave rise to the question of whether the Minister was acting within the law .
Barrister William Quill echoed the Irish Council for Civil Liberties view , saying the advisory from the Department of Foreign Affairs “ has no legal basis…it would be open to legal @ @ @ @ @ @ @ someone who had their payments removed from them during that period because of having gone on holiday.
” Mr Quill also said a case could be made that the Government did not widely publicise the changes when they were introduced on July 10th .
This could weaken the enforcement of the rule as people would have formed a reasonable expectation that they could travel within the normal application of the rules , which usually permit a two-week holiday for those on welfare payments without interruption to the payment .
The cancellation of the @ @ @ @ @ @ @ information on those travelling was gathered , seemingly by gardaí and welfare officials working in ports and airports .
Gardaí can demand a name and address if they have reasonable suspicion you have committed a road traffic or public order offence , but sources suggested most people stopped at airports had simply been requested to give their names , addresses and PPS numbers , and had complied – perhaps unaware that they had a choice .
Government TDs have raised concerns over the issues .
Fianna Fáil ’ s Cormac Devlin said he @ @ @ @ @ @ @ involving the transfer of passenger data to her department .
His party colleague Willie O ’ Dea said it was “ not right and proper that one category of people ” should be “ singled out for punishment ” .
Rise TD Paul Murphy and his People Before Profit colleague Richard Boyd-Barrett have requested time to raise the issue in the Dáil today ( Tuesday ) .
Mr Murphy said a debate and vote was needed on what he described as “ discrimination ” against those on the payments .
“ If the @ @ @ @ @ @ @ on this they will be repeating the mistake they made last week on the €16,000 for the super-junior minister , ” he said .

Fianna Fáil’s Willie O’Dea: he said it was “not right and proper that one category of people” should be “singled out for punishment”. Photograph: Getty Images
New rules stripping those on unemployment assistance of their payments because they leave the State could be vulnerable to legal challenge, civil liberties and legal experts have said.
Speaking after it emerged that 104 people have had their pandemic unemployment payment (PUP) cut after foreign travel, Irish Council for Civil Liberties executive director Liam Herrick said the legal mechanism giving effect to the measure had a "fatal weakness" in it.
He said the statutory instrument, enacted by Minister for Social Protection Heather Humphreys earlier this month, in turn relied on travel advice issued by the Department of Foreign Affairs which is not legally-binding. "It seems to be grounded on, or give legal status to, something that isn't the law, which is the travel advice."
He said the rules had several weaknesses in his view, which gave rise to the question of whether the Minister was acting within the law.
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Barrister William Quill echoed the Irish Council for Civil Liberties view, saying the advisory from the Department of Foreign Affairs "has no legal basis…it would be open to legal challenge [by] someone affected, someone who had their payments removed from them during that period because of having gone on holiday."
Mr Quill also said a case could be made that the Government did not widely publicise the changes when they were introduced on July 10th. This could weaken the enforcement of the rule as people would have formed a reasonable expectation that they could travel within the normal application of the rules, which usually permit a two-week holiday for those on welfare payments without interruption to the payment.
The cancellation of the payments also raised questions over how the information on those travelling was gathered, seemingly by gardaí and welfare officials working in ports and airports.
Gardaí can demand a name and address if they have reasonable suspicion you have committed a road traffic or public order offence, but sources suggested most people stopped at airports had simply been requested to give their names, addresses and PPS numbers, and had complied – perhaps unaware that they had a choice.
Passenger data
Government TDs have raised concerns over the issues. Fianna Fáil's Cormac Devlin said he had asked Ms Humphreys to detail arrangements involving the transfer of passenger data to her department.
His party colleague Willie O’Dea said it was “not right and proper that one category of people” should be “singled out for punishment”.
Green TD Patrick Costello also raised concerns about data protection.
Rise TD Paul Murphy and his People Before Profit colleague Richard Boyd-Barrett have requested time to raise the issue in the Dáil today (Tuesday).
Mr Murphy said a debate and vote was needed on what he described as “discrimination” against those on the payments.
“If the Government fails to read the public mood on this they will be repeating the mistake they made last week on the €16,000 for the super-junior minister,” he said.