theirishtimes--2020-06-24--Gardaí invoked coronavirus laws just once last week

Just one person was deemed by gardaí to be in breach of coronavirus emergency laws last week , new figures show .
Gardaí have arrested or taken the details of people suspected of breaching the regulations on 313 occasions since laws were introduced in response to the pandemic , an increase of six in the past week .
However , all but one of the six incidents related to encounters which occurred in previous weeks .
The Garda must seek permission from the Director of Public Prosecutions ( DPP ) to bring charges in relation to the emergency legislation , @ @ @ @ @ @ @ has , to date , directed charges in relation to 94 incidents .
No charge was directed in 25 incidents while the remainder “ continue to be under criminal investigation ” , a Garda spokesman said .
Two weeks ago gardaí lost the power to enforce coronavirus movement restrictions , meaning that even though people are meant to travel only within their county or 20km from their home , they can not be arrested for breaching these limits .
As a result , gardaí can now prosecute only for offences such as organising @ @ @ @ @ @ @ of schedule .
A major area of concern of late has been house parties , which gardaí admit they have little power to break up .
Residents living around University College Cork ( UCC ) have complained to gardaí about the number of students who have rented houses in the area and held parties during the pandemic .
Cork Institute of Technology ( CIT ) president Barry O ’ Connor told the Irish Examiner this week that arresting and prosecuting half a dozen students would stop the partying .
He also urged students @ @ @ @ @ @ @ Garda sources have indicated that they have dealt with the issue within the powers available to them .
Anyone found drunk and disorderly in a public place can be dealt with under public order legislation , and there have been a number of people arrested for public order offences in the vicinity of UCC during the pandemic .
However , gardaí did not have any powers under the Covid-19 regulations to break up parties held in private houses once the attendees had entered the property .
The Garda Press Office said gardaí in @ @ @ @ @ @ @ and College Road areas in line with the policing plan put in place during the pandemic .
“ Where potential breaches of the Public Health Regulations are identified , and where a person does not comply with the regulations , a file is submitted to the Director of Public Prosecutions for a direction as to how to proceed , ” it said .
“ It is for a judge of the district court to decide on any actual penalty following a conviction.
” The latest figures show there have been 112 cases of @ @ @ @ @ @ @ the start of the pandemic , an increase of 12 in the past week .
Gardaí have deployed spit hoods 78 times , an increase of three last week .

Members of the Magazine Road and Surrounding Areas residents’ association, Aidan Cahill, Catherine Clancy and Rose O’Sullivan. Residents living around UCC have complained to gardaí about the number of students who have held parties during the pandemic. Photograph: Daragh Mc Sweeney/Provision
Just one person was deemed by gardaí to be in breach of coronavirus emergency laws last week, new figures show.
Gardaí have arrested or taken the details of people suspected of breaching the regulations on 313 occasions since laws were introduced in response to the pandemic, an increase of six in the past week. However, all but one of the six incidents related to encounters which occurred in previous weeks.
The Garda must seek permission from the Director of Public Prosecutions (DPP) to bring charges in relation to the emergency legislation, introduced on April 8th.
The DPP has, to date, directed charges in relation to 94 incidents. No charge was directed in 25 incidents while the remainder “continue to be under criminal investigation”, a Garda spokesman said.
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Two weeks ago gardaí lost the power to enforce coronavirus movement restrictions, meaning that even though people are meant to travel only within their county or 20km from their home, they cannot be arrested for breaching these limits.
As a result, gardaí can now prosecute only for offences such as organising large gatherings or opening restricted businesses ahead of schedule.
House parties
A major area of concern of late has been house parties, which gardaí admit they have little power to break up. Residents living around University College Cork (UCC) have complained to gardaí about the number of students who have rented houses in the area and held parties during the pandemic.
Cork Institute of Technology (CIT) president Barry O’Connor told the Irish Examiner this week that arresting and prosecuting half a dozen students would stop the partying. He also urged students to have respect for their neighbours. Garda sources have indicated that they have dealt with the issue within the powers available to them.
Anyone found drunk and disorderly in a public place can be dealt with under public order legislation, and there have been a number of people arrested for public order offences in the vicinity of UCC during the pandemic.
However, gardaí did not have any powers under the Covid-19 regulations to break up parties held in private houses once the attendees had entered the property.
The Garda Press Office said gardaí in Cork had increased patrols in the Magazine and College Road areas in line with the policing plan put in place during the pandemic.
“Where potential breaches of the Public Health Regulations are identified, and where a person does not comply with the regulations, a file is submitted to the Director of Public Prosecutions for a direction as to how to proceed,” it said. “It is for a judge of the district court to decide on any actual penalty following a conviction.”
The latest figures show there have been 112 cases of people spitting or coughing at gardaí since the start of the pandemic, an increase of 12 in the past week. Gardaí have deployed spit hoods 78 times, an increase of three last week.


theirishtimes--2020-06-24--Why Daniel Kinahan can’t resist the lure of boxing’s bright lights

Christy Kinahan left Ireland almost 20 years ago and settled in southern Spain where he built a significant drugs wholesale business supplying narcotics into many European markets , including Ireland .
The sheer scale of his operation meant Kinahan was a regular in the media .
However , he has never courted media attention , opting instead to keep a low profile as he grew rich off the drugs trade .
His location has often been unknown to the media for periods of years .
And very few new photographs of him have emerged in the newspapers over the past @ @ @ @ @ @ @ succeeded in escaping the media ’ s spotlight but he has always done his very best in that regard ; clearly taking a view that having a public profile was bad for someone in the international drugs trafficking business .
His eldest son may have inherited his father ’ s street smarts but unlike the older man , Daniel Kinahan ( 42 ) has a real weakness for the limelight .
It is an Achilles heel making him more vulnerable by the week .
When he followed his father to southern Spain , @ @ @ @ @ @ @ early 2000s , Daniel Kinahan made the kind of moves his father has always recoiled from .
He co-founded the MGM boxing gym and promotions company in Marbella ; bringing considerable media attention on himself through his association with well-known pro boxers .
He regularly posed for photos with his fighters or was pictured presenting over-sized cheques to charities to demonstrate his generosity .
All the images featuring a beaming Kinahan were posted for public - and media - consumption on the gym ’ s website and social media accounts over a period @ @ @ @ @ @ @ t photographed in public even once .
In the summer of 2015 , Daniel Kinahan ’ s double life of international drugs trafficker and boxing company owner very nearly came to an end .
Dublin bank robber and drug dealer Gary Hutch fell out with Kinahan and tried to shoot him dead .
However , he botched the attack and was himself murdered , in Spain , in September , 2015 .
Hutch ’ s associates blamed Kinahan , whose life was under threat from them .
At the time Kinahan was making @ @ @ @ @ @ @ of the big time international fight game by running his own fight nights around the world .
The first event , Clash of the Clanns , was set to take place in his native Dublin in February , 2016 .
Despite the risk to his life from people who lived in the capital , Kinahan went ahead with his plans only to be targeted by an armed gang at the event ’ s weigh-in in the Regency Hotel .
He escaped on foot but his associate David Byrne ( 34 ) was shot @ @ @ @ @ @ @ off .
With his life under continued threat , Kinahan soon decamped from Spain to Dubai .
All the while , his toxic profile grew in Ireland as the body count in the Kinahan-Hutch feud , sparked by the Gary Hutch murder and the Regency attack , mounted .
In 2017 , Daniel Kinahan sold his boxing promotions business , which has since morphed into MTK Global and boasts a stable of some of the world ’ s best fighters .
Meanwhile , he continued to run his drugs empire , taking over @ @ @ @ @ @ @ meticulously planned his second coming in boxing ; another effort to launch himself as an international global player .
Those plans finally swung into action in recent months .
An online book , a rap video and mini documentary were published online within weeks of each other .
They all pushed the narrative that Kinahan had gone straight and was being dragged down by a conspiracy between the Government and Garda in Ireland .
Then came a series of press releases at the end of which , all going to plan , Kinahan @ @ @ @ @ @ @ world boxing would be secured ; something he has coveted more than anything .
Last month , it was announced he was working as an adviser for KHK Sport , a combat sports company founded by a member of the Bahraini royal family .
A press release credited him with brokering a new international partnership between MTK Global and KHK Sport that would bring lucrative boxing and MMA fights to the Middle East .
It was further announced he was a key figure behind a summit of boxing ’ s key promoters in @ @ @ @ @ @ @ of the sport would be discussed .
The week before last world heavyweight champion Tyson Fury took to social media to announce Kinahan had just put in place “ the most lucrative fight in British boxing history ” ; between Fury and fellow British heavyweight Anthony Joshua , planned for next year .
The news was so big it was debated in the Dáil ; Taoiseach Leo Varadkar joining a chorus of concern about a criminal figure like Kinahan suddenly being confirmed as one of world boxing ’ s greatest deal makers .
@ @ @ @ @ @ @ the domestic and international media began focusing on Daniel Kinahan and his links to organised crime .
Last week , the Bahrainis were the first to fold in the face of intense pressure ; the government there releasing a statement to media outlets stating KHK Sport was dropping Kinahan as an adviser , citing “ integrity and deep-rooted principles in the sports industry ” .
The Fury camp then followed suit , announcing Daniel Kinahan would no longer negotiate for the boxer .
It declared it still “ loved ” and “ respected @ @ @ @ @ @ @ have put an end to the Dubliner ’ s second coming in boxing , but his background role as deal fixer and day job as international drugs trafficker look set to continue .

Christy Kinahan left Ireland almost 20 years ago and settled in southern Spain where he built a significant drugs wholesale business supplying narcotics into many European markets, including Ireland.
The sheer scale of his operation meant Kinahan was a regular in the media. However, he has never courted media attention, opting instead to keep a low profile as he grew rich off the drugs trade.
His location has often been unknown to the media for periods of years. And very few new photographs of him have emerged in the newspapers over the past 20 years.
Tyson Fury: his camp said Daniel Kinahan would no longer negotiate for the boxer. Photograph: Reuters
He has not always succeeded in escaping the media’s spotlight but he has always done his very best in that regard; clearly taking a view that having a public profile was bad for someone in the international drugs trafficking business.
READ MORE
His eldest son may have inherited his father's street smarts but unlike the older man, Daniel Kinahan (42) has a real weakness for the limelight. It is an Achilles heel making him more vulnerable by the week.
When he followed his father to southern Spain, and into the drugs business in the early 2000s, Daniel Kinahan made the kind of moves his father has always recoiled from.
He co-founded the MGM boxing gym and promotions company in Marbella; bringing considerable media attention on himself through his association with well-known pro boxers.
He regularly posed for photos with his fighters or was pictured presenting over-sized cheques to charities to demonstrate his generosity.
All the images featuring a beaming Kinahan were posted for public - and media - consumption on the gym’s website and social media accounts over a period of years when his father wasn’t photographed in public even once.
In the summer of 2015, Daniel Kinahan's double life of international drugs trafficker and boxing company owner very nearly came to an end. Dublin bank robber and drug dealer Gary Hutch fell out with Kinahan and tried to shoot him dead. However, he botched the attack and was himself murdered, in Spain, in September, 2015. Hutch's associates blamed Kinahan, whose life was under threat from them.
At the time Kinahan was making plans to launch himself into the world of the big time international fight game by running his own fight nights around the world. The first event, Clash of the Clanns, was set to take place in his native Dublin in February, 2016.
Despite the risk to his life from people who lived in the capital, Kinahan went ahead with his plans only to be targeted by an armed gang at the event's weigh-in in the Regency Hotel. He escaped on foot but his associate David Byrne (34) was shot dead and the boxing event was called off.
With his life under continued threat, Kinahan soon decamped from Spain to Dubai. All the while, his toxic profile grew in Ireland as the body count in the Kinahan-Hutch feud, sparked by the Gary Hutch murder and the Regency attack, mounted.
In 2017, Daniel Kinahan sold his boxing promotions business, which has since morphed into MTK Global and boasts a stable of some of the world's best fighters.
Meanwhile, he continued to run his drugs empire, taking over the enterprise from his father, and meticulously planned his second coming in boxing; another effort to launch himself as an international global player.
Those plans finally swung into action in recent months. An online book, a rap video and mini documentary were published online within weeks of each other. They all pushed the narrative that Kinahan had gone straight and was being dragged down by a conspiracy between the Government and Garda in Ireland.
Then came a series of press releases at the end of which, all going to plan, Kinahan’s place in the spotlight of world boxing would be secured; something he has coveted more than anything.
Tyson Fury: his camp said Daniel Kinahan would no longer negotiate for the boxer. Photograph: Reuters
Last month, it was announced he was working as an adviser for KHK Sport, a combat sports company founded by a member of the Bahraini royal family. A press release credited him with brokering a new international partnership between MTK Global and KHK Sport that would bring lucrative boxing and MMA fights to the Middle East.
It was further announced he was a key figure behind a summit of boxing's key promoters in Bahrain in September at which the future of the sport would be discussed. The week before last world heavyweight champion Tyson Fury took to social media to announce Kinahan had just put in place "the most lucrative fight in British boxing history"; between Fury and fellow British heavyweight Anthony Joshua, planned for next year.
The news was so big it was debated in the Dáil; Taoiseach Leo Varadkar joining a chorus of concern about a criminal figure like Kinahan suddenly being confirmed as one of world boxing's greatest deal makers. British MPs also raised their voices and the domestic and international media began focusing on Daniel Kinahan and his links to organised crime.
Last week, the Bahrainis were the first to fold in the face of intense pressure; the government there releasing a statement to media outlets stating KHK Sport was dropping Kinahan as an adviser, citing “integrity and deep-rooted principles in the sports industry”.
The Fury camp then followed suit, announcing Daniel Kinahan would no longer negotiate for the boxer.
It declared it still “loved” and “respected” Kinahan. The statement seems to have put an end to the Dubliner’s second coming in boxing, but his background role as deal fixer and day job as international drugs trafficker look set to continue.


theirishtimes--2020-06-24--Vulnerable students face ‘real risk of regression’

School closures are presenting a “ real risk of regression ” for many vulnerable children with complex needs , the Department of Education has warned .
At a meeting of the Covid-19 special committee on Thursday , a senior department official will say the loss of regular school routine , access to teachers and vital supports risks undermining the learning , development and wellbeing of these children .
“ Many families are reporting significant challenges caring for their children in the absence of these supports and routines , ” Dalton Tattan , assistant secretary at the Department of Education will @ @ @ @ @ @ @ due to get under way soon is aimed at supporting children with complex special educational needs and those at greatest risk of educational disadvantage .
So far about 200 schools have registered to run the school-based summer education programmes , which are likely to benefit 3,400 children .
In addition , almost 9,200 children are registered for the home-based programme .
There are about 14,000 children attending special schools or special classes with special or complex needs .
However , Inclusion Ireland , a support group for children with disabilities , will tell @ @ @ @ @ @ @ exclude some with disabilities and has been characterised by “ poor planning , leaving schools and families frustrated and in the dark ” .
Enda Egan , the group ’ s chief executive , says a survey of its members found that most parents are struggling to educate and support their vulnerable children at home .
It says support from schools has been variable , from “ excellent to almost non-existent ” .
Down Syndrome Ireland will also tell the committee of its “ shock and distress ” that many children at second @ @ @ @ @ @ @ mainstream primary schools are not eligible for the summer scheme .
This is despite a pledge by Minister for Education Joe McHugh that all children with Down syndrome would be entitled to attend .
“ We , alongside up to 1,000 parents of students with Down syndrome around the country , were completely blindsided when the Department of Education published guidelines on June 12th with clear restrictions on who could access the programme in July/August 2020 , ” Deirdre Saul , the group ’ s interim chief executive , will tell the committee @ @ @ @ @ @ @ the lip service paid to promoting an inclusive education system , those children heading to mainstream primary school will be penalised rather than supported , as will those in mainstream post-primary schools.
” It says restricting the scheme to exclude some students with Down syndrome is a form of discrimination that is “ impossible to understand ” and it could see “ no justifiable reasons ” for excluding a significant number of vulnerable students .
The department has proposed making funds available for Down Syndrome Ireland to run a summer provision for post-primary @ @ @ @ @ @ @ branches The group said that while funding is always welcome , these students should be entitled to access the State scheme .

Down Syndrome Ireland will tell the committee of its ‘shock and distress’ that many children are ineligible for the summer scheme. File photograph: Getty
School closures are presenting a “real risk of regression” for many vulnerable children with complex needs, the Department of Education has warned.
At a meeting of the Covid-19 special committee on Thursday, a senior department official will say the loss of regular school routine, access to teachers and vital supports risks undermining the learning, development and wellbeing of these children.
"Many families are reporting significant challenges caring for their children in the absence of these supports and routines," Dalton Tattan, assistant secretary at the Department of Education will tell the committee.
A summer programme due to get under way soon is aimed at supporting children with complex special educational needs and those at greatest risk of educational disadvantage.
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So far about 200 schools have registered to run the school-based summer education programmes, which are likely to benefit 3,400 children. In addition, almost 9,200 children are registered for the home-based programme.
There are about 14,000 children attending special schools or special classes with special or complex needs.
However, Inclusion Ireland, a support group for children with disabilities, will tell the committee that the programme continues to exclude some with disabilities and has been characterised by "poor planning, leaving schools and families frustrated and in the dark".
Enda Egan, the group's chief executive, says a survey of its members found that most parents are struggling to educate and support their vulnerable children at home.
It says support from schools has been variable, from “excellent to almost non-existent”.
Pledge from McHugh
Down Syndrome Ireland will also tell the committee of its "shock and distress" that many children at second level or those transitioning from preschool into mainstream primary schools are not eligible for the summer scheme.
This is despite a pledge by Minister for Education Joe McHugh that all children with Down syndrome would be entitled to attend.
"We, alongside up to 1,000 parents of students with Down syndrome around the country, were completely blindsided when the Department of Education published guidelines on June 12th with clear restrictions on who could access the programme in July/August 2020," Deirdre Saul, the group's interim chief executive, will tell the committee.
“As a result, despite the lip service paid to promoting an inclusive education system, those children heading to mainstream primary school will be penalised rather than supported, as will those in mainstream post-primary schools.”
It says restricting the scheme to exclude some students with Down syndrome is a form of discrimination that is “impossible to understand” and it could see “no justifiable reasons” for excluding a significant number of vulnerable students.
The department has proposed making funds available for Down Syndrome Ireland to run a summer provision for post-primary students through the group’s local branches
The group said that while funding is always welcome, these students should be entitled to access the State scheme.


theirishtimes--2020-06-24--Sil Fox plans to sue State after sexual assault claim dismissed

Comedian Sil Fox intends to sue the Director of Public Prosecutions and the State , after a sexual assault prosecution against him was dismissed in the Dublin District Court last month .
A letter sent to the DPP , the Garda Commissioner , the Minister for Justice , the State and the Attorney General outlines his intention to sue for breaches of his constitutional rights to liberty , privacy and his right to a good name .
The letter also cites the “ reckless infliction of emotional distress ” and “ serious reputational damages ” he claims to have suffered @ @ @ @ @ @ @ dismissed on May 27th because of inconsistencies between the complainant ’ s account of what happened on the night in December 2018 when she approached him in a Dublin bar for a selfie , and CCTV footage of the incident .
The complainant claimed that he put his left hand on her groin for 30-45 seconds as the photograph was taken .
However , the CCTV footage showed his hand remained on the table throughout , other than for three seconds after the alleged assault was claimed to have occurred .
Witness evidence @ @ @ @ @ @ @ account .
“ In the footage , there is no indication that something untoward occurred , ” Judge Paula Murphy said .
“ I didn ’ t expect this at 87 .
People say , ‘ oh well it ’ s over ’ .
But it ’ s not just a question of the case being over .
It ’ s the effect the whole year has had , ” Fox told The Irish Times .
He wants the law changed so that all those accused of sexual offences are entitled to anonymity @ @ @ @ @ @ @ hearing in July last year , his application for anonymity or reporting restrictions was turned down .
The legal correspondence claims this decision led to “ intense media exposure ” .
“ Sil Fox was not entitled to anonymity because this was an alleged offence that ’ s deemed less serious ” than rape or other sexual offences , said Belfast-based solicitor Kevin Winters , who is representing him .
“ That ’ s a serious injustice and a gap that needs to be fixed .
It shouldn ’ t be at the @ @ @ @ @ @ @ be anonymity right across the board , and not just – as it stands at present – in the more serious sexual offences.
” The legal correspondence sent this week is seeking an apology from the DPP , damages and a judge-led inquiry into “ inequities in reporting restrictions ” .
Mr Winters also plans to write to the Attorney General , An Garda Síochána , the Minister for Justice and the DPP to ask them to initiate that inquiry .
“ The case that he has taken is necessary , but no @ @ @ @ @ @ @ stain that ’ s there as a result of this prosecution , ” said Mr Winters .
“ Once prosecuted , the stain is there.
” The legal team representing Fox also includes Barra McGrory QC , former Director of Public Prosecutions for Northern Ireland , and barrister Eamonn Dornan .

Comedian Sil Fox intends to sue the Director of Public Prosecutions and the State, after a sexual assault prosecution against him was dismissed in the Dublin District Court last month.
A letter sent to the DPP, the Garda Commissioner, the Minister for Justice, the State and the Attorney General outlines his intention to sue for breaches of his constitutional rights to liberty, privacy and his right to a good name. The letter also cites the “reckless infliction of emotional distress” and “serious reputational damages” he claims to have suffered.
The case against the 87-year-old was dismissed on May 27th because of inconsistencies between the complainant’s account of what happened on the night in December 2018 when she approached him in a Dublin bar for a selfie, and CCTV footage of the incident.
The complainant claimed that he put his left hand on her groin for 30-45 seconds as the photograph was taken. However, the CCTV footage showed his hand remained on the table throughout, other than for three seconds after the alleged assault was claimed to have occurred. Witness evidence did not support the woman’s account. “In the footage, there is no indication that something untoward occurred,” Judge Paula Murphy said.
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“I didn’t expect this at 87. People say, ‘oh well it’s over’. But it’s not just a question of the case being over. It’s the effect the whole year has had,” Fox told The Irish Times.
He wants the law changed so that all those accused of sexual offences are entitled to anonymity during the trial. At a preliminary hearing in July last year, his application for anonymity or reporting restrictions was turned down. The legal correspondence claims this decision led to “intense media exposure”.
“Sil Fox was not entitled to anonymity because this was an alleged offence that’s deemed less serious” than rape or other sexual offences, said Belfast-based solicitor Kevin Winters, who is representing him.
“That’s a serious injustice and a gap that needs to be fixed. It shouldn’t be at the discretion of the court. There should be anonymity right across the board, and not just – as it stands at present – in the more serious sexual offences.”
The legal correspondence sent this week is seeking an apology from the DPP, damages and a judge-led inquiry into “inequities in reporting restrictions”. Mr Winters also plans to write to the Attorney General, An Garda Síochána, the Minister for Justice and the DPP to ask them to initiate that inquiry.
“The case that he has taken is necessary, but no amount of litigation will ever remove the stain that’s there as a result of this prosecution,” said Mr Winters. “Once prosecuted, the stain is there.”
The legal team representing Fox also includes Barra McGrory QC, former Director of Public Prosecutions for Northern Ireland, and barrister Eamonn Dornan.


theirishtimes--2020-06-24--Publicans who flout Covid-19 rules face losing licences

Publicans who flout the guidelines aimed at suppressing the coronavirus pandemic when they reopen their doors next week face losing their licences in September , the drinks industry has warned .
The State ’ s 7,000 pubs have been shut since March due to the coronavirus pandemic .
But those capable of fulfilling criteria outlined in a 22-page document assembled by Fáilte Ireland will be permitted to reopen on Monday .
The criteria includes food service , a time limit of 1¾ hours on the premises for patrons and a requirement to record their identities for a month for contact @ @ @ @ @ @ @ Ireland ( VFI ) spokesman , which represents about 4,000 publicans outside the greater Dublin area , said about 40 per cent of its members will open on Monday .
The Licensed Vintners Association ( LVA ) , which is the representative body for Dublin pubs , said it expects 50-60 per cent of establishments in the capital to open at some point next week .
That would equate to 350-450 pubs .
The LVA and VFI have both warned that pubs which reopen and fail to abide by the guidelines will face @ @ @ @ @ @ @ LVA chief executive Donall O ’ Keeffe said : “ Those pubs that don ’ t follow the guidelines will deservedly suffer serious damage to their reputations .
.
.
They also risk losing their licence when it comes up for renewal in September.
” The VFI spokesman said many pubs will remain closed for fear of flouting the guidelines .
“ These publicans would have a number of concerns about their ability to enforce the guidelines , ” he said .
“ Some publicans are anxious to avoid a situation where they @ @ @ @ @ @ @ t wish to purchase a meal.
” Well-known pubs that will not reopen until July 20th include : the Stag ’ s Head in Dame Court ; the Palace Bar in Temple Bar ; the Swan in Aungier Street ; and Grogans Castle Lounge on South William Street .
Industry sources said on Wednesday there is considerable unease among publicans in relation to the guidelines , particularly given the lack of notice businesses have been provided with to prepare for implementation .
There is also said to be “ significant concern ” in @ @ @ @ @ @ @ and ignore the guidelines , thereby damaging the sector as a whole and potentially leading to stricter rules down the line .
However , sources also insist there is a strong desire among publicans to get the industry back up and running and a reluctant acceptance among most that they must fall into line .
In terms of the emphasis on personal responsibility of businesses to implement the guidelines , sources said that publicans are used to dealing with large – and sometimes unruly – crowds and are , therefore , equipped to @ @ @ @ @ @ @ challenging aspects of the guidelines , the VFI said the 1¾-hour time limit would be the most difficult to deal with .
Others said the necessity to keep records of customers ’ identities would be demanding .
Charlie Chawke of the Chawke Pub Group told The Irish Times that the requirements would cost his business in the region of €40,000 per pub .
And he added that if business is not restored to normal by Christmas , the viability of his group would be in danger .
The group comprises nine pubs including @ @ @ @ @ @ @ and Grill , Searsons and the Bank Bar in Dublin .
All are set to reopen on Monday .
“ We have all the equipment that we need in place and we will meet all the requirements , ” said Mr Chawke .
“ The guidelines are very comprehensive , but if we want to open we have to do what we have to do .
We ’ ll comply as best we can.
” In terms of the cost involved , Mr Chawke said : “ We ’ re going to be @ @ @ @ @ @ @ 40 grand per pub .
Trade will be down as well of course with social distancing measures .
If we don ’ t get back to normality by Christmas , then our viability will be in danger .
We ’ ve done an amount of upgrading during the lockdown , staff have been retrained [ and ] that ’ s an ongoing process .
We have our own health people advising us .
”

Mulligans of Poolbeg Street is among the 7,000 pubs countrywide that have been closed since the pandemic began. File photograph: Aidan Crawley/The Irish Times
Publicans who flout the guidelines aimed at suppressing the coronavirus pandemic when they reopen their doors next week face losing their licences in September, the drinks industry has warned.
The State's 7,000 pubs have been shut since March due to the coronavirus pandemic. But those capable of fulfilling criteria outlined in a 22-page document assembled by Fáilte Ireland will be permitted to reopen on Monday.
The criteria includes food service, a time limit of 1¾ hours on the premises for patrons and a requirement to record their identities for a month for contact tracing.
A Vintners’ Federation of Ireland (VFI) spokesman, which represents about 4,000 publicans outside the greater Dublin area, said about 40 per cent of its members will open on Monday.
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The Licensed Vintners Association (LVA), which is the representative body for Dublin pubs, said it expects 50-60 per cent of establishments in the capital to open at some point next week. That would equate to 350-450 pubs.
The LVA and VFI have both warned that pubs which reopen and fail to abide by the guidelines will face difficulties renewing their licences in September.
LVA chief executive Donall O’Keeffe said: “Those pubs that don’t follow the guidelines will deservedly suffer serious damage to their reputations . . . They also risk losing their licence when it comes up for renewal in September.”
The VFI spokesman said many pubs will remain closed for fear of flouting the guidelines. “These publicans would have a number of concerns about their ability to enforce the guidelines,” he said.
“Some publicans are anxious to avoid a situation where they are refusing regular customers who don’t wish to purchase a meal.”
Well-known pubs that will not reopen until July 20th include: the Stag’s Head in Dame Court; the Palace Bar in Temple Bar; the Swan in Aungier Street; and Grogans Castle Lounge on South William Street.
Industry sources said on Wednesday there is considerable unease among publicans in relation to the guidelines, particularly given the lack of notice businesses have been provided with to prepare for implementation.
There is also said to be “significant concern” in the industry that some publicans will reopen and ignore the guidelines, thereby damaging the sector as a whole and potentially leading to stricter rules down the line.
However, sources also insist there is a strong desire among publicans to get the industry back up and running and a reluctant acceptance among most that they must fall into line.
In terms of the emphasis on personal responsibility of businesses to implement the guidelines, sources said that publicans are used to dealing with large – and sometimes unruly – crowds and are, therefore, equipped to cope.
Customers and record keeping
In terms of the most challenging aspects of the guidelines, the VFI said the 1¾-hour time limit would be the most difficult to deal with. Others said the necessity to keep records of customers’ identities would be demanding.
Charlie Chawke of the Chawke Pub Group told The Irish Times that the requirements would cost his business in the region of €40,000 per pub. And he added that if business is not restored to normal by Christmas, the viability of his group would be in danger. The group comprises nine pubs including the Old Orchard Inn, Goat Bar and Grill, Searsons and the Bank Bar in Dublin. All are set to reopen on Monday.
“We have all the equipment that we need in place and we will meet all the requirements,” said Mr Chawke. “The guidelines are very comprehensive, but if we want to open we have to do what we have to do. We’ll comply as best we can.”
In terms of the cost involved, Mr Chawke said: “We’re going to be hit very heavily. It could be 40 grand per pub. Trade will be down as well of course with social distancing measures. If we don’t get back to normality by Christmas, then our viability will be in danger. We’ve done an amount of upgrading during the lockdown, staff have been retrained [and] that’s an ongoing process. We have our own health people advising us.”


theirishtimes--2020-06-24--ODCE and John Delaney reach agreement on inspection of documents and emails

The Office of the Director of Corporate Enforcement ( ODCE ) has reached an arrangement with former Football Association of Ireland ( FAI ) chief executive John Delaney over how the inspection of certain documents and emails seized from the association is to be conducted .
The corporate watchdog , as part of its ongoing investigation into certain matters concerning the football body , seized documents and material from the FAI ’ s offices at Abbottstown , Dublin on foot of a search warrant last February .
In proceedings before the High Court , the ODCE seeks to inspect these @ @ @ @ @ @ @ to the investigation .
If the court finds that information contained in the documents is legally privileged , then it can not be used as part of the investigation .
Mr Delaney , who the court was told now lives and works in the UK , was joined as a notice part to proceedings because some of the material taken may be private to him .
The matter was briefly mentioned before Ms Justice Leonie Reynolds on Wednesday .
Kerida Naidoo SC , appearing with Elva Duffy BL for the ODCE , said @ @ @ @ @ @ @ digital device holding an unknown number of emails may contain information private to Mr Delaney had been identified .
Counsel said steps had been agreed between the parties to allow Mr Delaney , who left the FAI last September , to inspect and identify any material on the device or in the documents which he says is private .
Mr Delaney would be allowed to inspect a copy of the digital device , counsel said .
Counsel said in order to protect the rights that any matter Mr Delaney deems private , but @ @ @ @ @ @ @ investigation , will be considered by just one member of the investigation team .
Counsel said it had also been agreed that the ODCE ’ s application for the High Court to determine if any of seized documents and material are legally privileged can be heard in July .
Jack Tchrakian BL , for Mr Delaney , said his client was consenting to making orders allowing the proposed method of examining the documents and emails to happen .
Brian Gageby BL , for the FAI , said his client was also consenting .
@ @ @ @ @ @ @ see matters move forward without any further delays .
She made her comments after being informed by Mr Delaney ’ s counsel that he is prepared to travel to Ireland for the inspection , but there were concerns that those plans might be impacted on by Covid-19 restrictions .
In adjourning the proceedings , the judge said it was important that the inspection happened in the presence of Mr Delaney in the next two weeks as this would allow the ODCE ’ s application to proceed on schedule in July .

The Office of the Director of Corporate Enforcement (ODCE) has reached an arrangement with former Football Association of Ireland (FAI) chief executive John Delaney over how the inspection of certain documents and emails seized from the association is to be conducted.
The corporate watchdog, as part of its ongoing investigation into certain matters concerning the football body, seized documents and material from the FAI’s offices at Abbottstown, Dublin on foot of a search warrant last February.
In proceedings before the High Court, the ODCE seeks to inspect these documents to see if they are relevant to the investigation. If the court finds that information contained in the documents is legally privileged, then it cannot be used as part of the investigation.
Mr Delaney, who the court was told now lives and works in the UK, was joined as a notice part to proceedings because some of the material taken may be private to him. The matter was briefly mentioned before Ms Justice Leonie Reynolds on Wednesday.
READ MORE
Kerida Naidoo SC, appearing with Elva Duffy BL for the ODCE, said the contents of 13 documents and a digital device holding an unknown number of emails may contain information private to Mr Delaney had been identified.
Counsel said steps had been agreed between the parties to allow Mr Delaney, who left the FAI last September, to inspect and identify any material on the device or in the documents which he says is private. Mr Delaney would be allowed to inspect a copy of the digital device, counsel said.
Counsel said in order to protect the rights that any matter Mr Delaney deems private, but which the ODCE considers relevant to its investigation, will be considered by just one member of the investigation team.
Counsel said it had also been agreed that the ODCE’s application for the High Court to determine if any of seized documents and material are legally privileged can be heard in July.
Jack Tchrakian BL, for Mr Delaney, said his client was consenting to making orders allowing the proposed method of examining the documents and emails to happen. Brian Gageby BL, for the FAI, said his client was also consenting.
Ms Justice Leonie expressed a wish to see matters move forward without any further delays. She made her comments after being informed by Mr Delaney’s counsel that he is prepared to travel to Ireland for the inspection, but there were concerns that those plans might be impacted on by Covid-19 restrictions.
In adjourning the proceedings, the judge said it was important that the inspection happened in the presence of Mr Delaney in the next two weeks as this would allow the ODCE’s application to proceed on schedule in July.


theirishtimes--2020-06-24--Schools set to reopen next month without social distancing

Schools will reopen next month for children with special needs without any requirement for strict social distancing .
The move is seen as significant trial run for for the planned full reopening of schools to all children in late August and September .
In the Dáil on Wednesday , Minister for Education Joe McHugh said strict social distancing requirements were “ neither practical nor possible ” for a summer programme across more than 200 schools .
However , he said prevention and control measures - such as handwashing and rules for dealing with a suspected case - will be in @ @ @ @ @ @ @ that it was the Government ’ s intention to see a “ full return to school in late August and September ” in line with individual schools ’ usual timetables .
Detailed public health advice is due to published on Thursday for schools taking part in the summer programme .
Interim public health advice will be kept under review to ensure it is informed by the latest evidence on Covid in advance of the re-opening of schools at the end of August .
“ I know of schools who have already communicated to @ @ @ @ @ @ @ after the summer holiday - albeit noting that this will be subject to appropriate arrangements and guidelines which are currently being worked on .
“ It is worth reiterating again we are between nine and 10 weeks before schools are scheduled to re-open .
This gives us time to continue to consult with the public health experts to develop and plan appropriate guidance.
” Among the plans to support the reopening of all schools in late August include on-line training on safety measures for schools , parents and students ; additional resources for @ @ @ @ @ @ @ classroom to be provided by the department .
However , Solidarity and People Before Profit TD Richard Boyd Barrett said the Government was trying to “ put a square peg in a round hole ” by squeezing students into some of the most overcrowded classes in the EU while striving for physical distancing .
He said splitting classes and hiring additional teachers was the only safe way to reopen schools .
Separately , Mr McHugh said in excess of 200 schools have registered to run a summer education programme for students with special @ @ @ @ @ @ @ for home-based programmes .
In addition , a further 210 disadvantaged or Deis primary schools have expressed an interest to participate a summer camp for students towards the end of August .
At second level , 14 schools have registered with a number of others considering participating in the programme .
“ It is fantastic to see this level of response and it is a real demonstration of the commitment of local schools to their local communities , ” Mr McHugh said .
However , Sinn Féin ’ s education spokesman Donnchadh Ó @ @ @ @ @ @ @ part in the programme were only half of what had been projected for an “ expanded ” programme this year .
He said a lack of clarity and uncertainty over the reopening of schools had contributed to confusion and uncertainty on the part of schools and parents and dented participation in the programme .

Minister for Education Joe McHugh said strict social distancing requirements were ‘neither practical nor possible’ for a summer programme across more than 200 schools. File Photograph: Dave Thompson/PA Wire
Schools will reopen next month for children with special needs without any requirement for strict social distancing.
The move is seen as significant trial run for for the planned full reopening of schools to all children in late August and September.
In the Dáil on Wednesday, Minister for Education Joe McHugh said strict social distancing requirements were “neither practical nor possible” for a summer programme across more than 200 schools.
However, he said prevention and control measures - such as handwashing and rules for dealing with a suspected case - will be in place to manage risks.
READ MORE
He restated that it was the Government’s intention to see a “full return to school in late August and September” in line with individual schools’ usual timetables.
Detailed public health advice is due to published on Thursday for schools taking part in the summer programme.
Interim public health advice will be kept under review to ensure it is informed by the latest evidence on Covid in advance of the re-opening of schools at the end of August.
“I know of schools who have already communicated to parents and students their first day back after the summer holiday - albeit noting that this will be subject to appropriate arrangements and guidelines which are currently being worked on.
“It is worth reiterating again we are between nine and 10 weeks before schools are scheduled to re-open. This gives us time to continue to consult with the public health experts to develop and plan appropriate guidance.”
Among the plans to support the reopening of all schools in late August include
on-line training on safety measures for schools, parents and students; additional resources for enhanced cleaning; and hand-sanitisers for every classroom to be provided by the department.
However, Solidarity and People Before Profit TD Richard Boyd Barrett said the Government was trying to " put a square peg in a round hole" by squeezing students into some of the most overcrowded classes in the EU while striving for physical distancing.
He said splitting classes and hiring additional teachers was the only safe way to reopen schools.
Separately, Mr McHugh said in excess of 200 schools have registered to run a summer education programme for students with special needs, while 9,200 children have registered for home-based programmes.
In addition, a further 210 disadvantaged or Deis primary schools have expressed an interest to participate a summer camp for students towards the end of August. At second level, 14 schools have registered with a number of others considering participating in the programme.
“It is fantastic to see this level of response and it is a real demonstration of the commitment of local schools to their local communities,” Mr McHugh said.
However, Sinn Féin’s education spokesman Donnchadh Ó Laoghaire said the numbers due to take part in the programme were only half of what had been projected for an “expanded” programme this year.
He said a lack of clarity and uncertainty over the reopening of schools had contributed to confusion and uncertainty on the part of schools and parents and dented participation in the programme.


theirishtimes--2020-06-24--Insurer entitled to refuse €250,000 payout after death of gangster Eamon Dunne

Irish Life was entitled to refuse to pay €250,000 in life insurance for murdered gangster Eamon Dunne due to his failure to disclose drug and alcohol misuse and depression when taking the policy out , the High Court has ruled .
In a judgment , Mr Justice Tony O ’ Connor dismissed proceedings by Dunne ’ s partner Georgina Saunders after finding the deceased was obliged to give details of his past drug and alcohol use and depression when he took out the policy in 2008 .
Dunne , the judge said , had failed to give details which the @ @ @ @ @ @ @ nothing to lead the court to find he acted honestly when giving incorrect replies to an online questionaire he filled out when applying for the policy .
The judge said the insurer was not guilty of indolence or laziness when it considered Dunne ’ s application for life cover , and said it had satisfactorily explained its process and how it was applied .
The judge further rejected a suggestion that the insurer caused Dunne to believe that he did not need to be accurate when giving details sought when the policy was @ @ @ @ @ @ @ was shot six times in the head and back in April 2010 while attending a birthday party in a pub Cabra , Dublin .
He was linked to several gang murders , drug trafficking and was on bail awaiting trial at the time of his death for the robbery of a cash-in-transit van in Kildare .
The Irish Life Insurance policy , costing €103 a month , was taken out by Dunne and Ms Saunders two years before his death .
Ms Saunders , with an address in Finglas , Dublin , claimed @ @ @ @ @ @ @ and in breach of the terms and conditions of the contract .
Irish Life denied the claims and had argued the policy was void by reason of non-disclosure of material facts in an about Dunne when the policy was taken out .
These included that in 2003 Dunne had attended his GP , who noted he was suffering from problems including cocaine and ecstasy use , depression , feelings of paranoia and excessive drinking .
The GP told the court that Dunne ’ s initial attendance at the surgery was in 2001 after @ @ @ @ @ @ @ he expressed suicidal thoughts .
He was prescribed sleeping pills and anti-depressants .
He attended a GP several times in 2003 when it was noted he was “ drinking eight cans a night ” and snorting substantial amounts of cocaine .
He was no longer suicidal but was still depressed and had trouble sleeping and he was referred to a psychiatrist .
Irish Life claimed that in his insurance proposal form , Dunne had stated he drank six units of alcohol a week , never suffered from a mental or nervous disorder or @ @ @ @ @ @ @ the last five years .
He also said he was not taking prescribed medication and did not take non-prescribed drugs .
Mr Justice O ’ Connor said the simple fact in the case was that Dunne had an obligation to correct any replies given to the insurer about material facts even if he was not prompted or inclined to do so in front of Ms Saunders when they were dealing with the insurer ’ s agent .
Dunne , he said , was “ not honest ” when he gave or confirmed his @ @ @ @ @ @ @ regarding his health .
There was no evidence put to the court that Dunne had put his drug abuse out of his mind in 2008 , when applying for the policy .
The judge also held that the speed in which the online application was completed did not cause Dunne to give incorrect replies to questions asked about his health .
The court noted Ms Saunders ’ evidence where she said she did not witness him abusing drugs and alcohol and was unaware of his prior abuse until the insurer informed her in @ @ @ @ @ @ @ on the policy .
Ms Saunders , the judge said had told the court that she had not read the policies terms and conditions booklet issued by Irish Life in relation to the policy , and had only gone through them when giving evidence to the court .

Irish Life was entitled to refuse to pay €250,000 in life insurance for murdered gangster Eamon Dunne due to his failure to disclose drug and alcohol misuse and depression when taking the policy out, the High Court has ruled.
In a judgment, Mr Justice Tony O’Connor dismissed proceedings by Dunne’s partner Georgina Saunders after finding the deceased was obliged to give details of his past drug and alcohol use and depression when he took out the policy in 2008.
Dunne, the judge said, had failed to give details which the policy required him to. There was nothing to lead the court to find he acted honestly when giving incorrect replies to an online questionaire he filled out when applying for the policy.
The judge said the insurer was not guilty of indolence or laziness when it considered Dunne’s application for life cover, and said it had satisfactorily explained its process and how it was applied.
READ MORE
The judge further rejected a suggestion that the insurer caused Dunne to believe that he did not need to be accurate when giving details sought when the policy was entered into.
Dunne (42) was shot six times in the head and back in April 2010 while attending a birthday party in a pub Cabra, Dublin. He was linked to several gang murders, drug trafficking and was on bail awaiting trial at the time of his death for the robbery of a cash-in-transit van in Kildare.
Breach of contract
The Irish Life Insurance policy, costing €103 a month, was taken out by Dunne and Ms Saunders two years before his death. Ms Saunders, with an address in Finglas, Dublin, claimed Irish Life failed to make payment wrongfully and in breach of the terms and conditions of the contract.
Irish Life denied the claims and had argued the policy was void by reason of non-disclosure of material facts in an about Dunne when the policy was taken out. These included that in 2003 Dunne had attended his GP, who noted he was suffering from problems including cocaine and ecstasy use, depression, feelings of paranoia and excessive drinking.
The GP told the court that Dunne’s initial attendance at the surgery was in 2001 after a break-up with a previous partner and he expressed suicidal thoughts. He was prescribed sleeping pills and anti-depressants. He attended a GP several times in 2003 when it was noted he was “drinking eight cans a night” and snorting substantial amounts of cocaine. He was no longer suicidal but was still depressed and had trouble sleeping and he was referred to a psychiatrist.
Irish Life claimed that in his insurance proposal form, Dunne had stated he drank six units of alcohol a week, never suffered from a mental or nervous disorder or had treatment for such a disorder in the last five years. He also said he was not taking prescribed medication and did not take non-prescribed drugs.
Obligation
Mr Justice O’Connor said the simple fact in the case was that Dunne had an obligation to correct any replies given to the insurer about material facts even if he was not prompted or inclined to do so in front of Ms Saunders when they were dealing with the insurer’s agent.
Dunne, he said, was “not honest” when he gave or confirmed his replies to questions asked by the insurer regarding his health. There was no evidence put to the court that Dunne had put his drug abuse out of his mind in 2008, when applying for the policy.
The judge also held that the speed in which the online application was completed did not cause Dunne to give incorrect replies to questions asked about his health. The court noted Ms Saunders’ evidence where she said she did not witness him abusing drugs and alcohol and was unaware of his prior abuse until the insurer informed her in 2011 that it would not pay out on the policy.
Ms Saunders, the judge said had told the court that she had not read the policies terms and conditions booklet issued by Irish Life in relation to the policy, and had only gone through them when giving evidence to the court.


theirishtimes--2020-06-24--Q&A: As parties vote on coalition deal, what will happen over next 72 hours?

With voting on the programme for government coming to an end and a decision due shortly on whether Fianna Fáil , Fine Gael and the Greens will enter a historic coalition , here is a guide to what to expect over the next few days .
How does the voting process work in each party ?
The ratification processes in Fianna Fáil , Fine Gael and the Greens for the draft programme for government are coming to an end .
Votes will be counted on Friday .
Fine Gael requires the approval of its internal electoral college , rather than @ @ @ @ @ @ @ 700 votes to count .
It is expected that its count will begin after lunchtime on Friday and will be relatively short .
The Greens ’ count will start at noon with a result expected between 6pm and 7pm .
The Greens and Fianna Fáil are running one member , one vote ballot and will take longer to count than Fine Gael .
Fianna Fáil expects its own count to be concluded around tea time .
Just under 2,000 people - 1,962 - are eligible to vote in the Greens ’ contest , @ @ @ @ @ @ @ Of those registered to vote for the Greens , 195 are from Northern Ireland .
With a large number of Green Party elected representatives from Northern Ireland against the deal , it is expected most of the 195 northern members could oppose the deal .
However , the number of those who registered to vote from Northern Ireland was relatively low - giving hope to those in favour of a deal .
The Greens initially allowed telephone voting only for members outside the the Republic and Northern Ireland , but this week widened @ @ @ @ @ @ @ not received their ballot paper to vote over the phone .
Those wishing to do so must email the Green Party headquarters with their name , email , phone number , address , and a suitable time to vote by phone .
Party officials will then check that person is eligible to vote .
A special code which the voter will need to vote by phone will then be sent by email , and this code must be quoted over the phone when the vote is cast .
Postal votes for those who @ @ @ @ @ @ @ A degree of co-ordination in the announcement of the three parties ’ results on Friday is expected but has not yet been finalised .
If the three parties approve the deal , what happens next ?
There will be a full sitting of the Dáil in the Convention Centre , Dublin , on Saturday morning to elect Fianna Fáil leader Micheál Martin as Taoiseach .
The Dáil can not sit in Leinster House due to the need for social distancing if all TDs are present .
The sitting will begin at 10.30am and @ @ @ @ @ @ @ for the position of taoiseach will get five minutes speaking time each .
This will be followed by ten minutes of speeches from each party or group that has not put forward a nomination for Taoiseach .
Votes will then be taken and , when , as expected , Mr Martin is elected , he will then be invited by the Ceann Comhairle to make a brief statement .
The House will then adjourn to allow Mr Martin receive his seal of office from President Micheal D Higgins in Áras an Uachtaráin , @ @ @ @ @ @ @ 12.30pm .
The details of how this ceremony - and the later ceremony where the new Cabinet receive their seals of office from Mr Higgins - will operate with social distancing have not yet been finalised .
When will the Cabinet be picked ?
Upon receiving his seal from the President , it is expected Mr Martin would then travel to his new office in Government Buildings where he will appoint the new Cabinet .
Fianna Fáil will have six full Cabinet posts , as will Fine Gael , and the Greens three @ @ @ @ @ @ @ Gael nominees and Eamon Ryan will choose the Green nominees .
The three leaders are expected to meet on Thursday to decide how to configure government departments and allocate individual portfolios to each party .
Each leader , however , will choose their own people for their allocated portfolios without the need to consult the other leaders .
When will the Dáil sit again ?
The House is expected to reconvene at 4.30pm on Saturday when the members of the new cabinet will be nominated for approval by the Dáil .
The Taoiseach @ @ @ @ @ @ @ as will the leaders of all parties and groups , with 100 minutes in total set aside for speeches on the nominations of new ministers .
However , this stage of the process can drag on and could stretch on longer than expected .
Votes will be taken at the conclusion of speeches and the new cabinet will travel to Áras an Uachtaráin to receive their seals of office and hold their first meeting .
What about the Taoiseach ’ s nominees to the Seanad ?
The Government believes a new taoiseach must @ @ @ @ @ @ @ in order for crucial legislation to be passed through the Oireachtas , such as the renewal of the Offences Against the State Act .
The Government says this can not be done by Mr Varadkar as acting taoiseach .
Of the 11 , Fianna Fáil and Fine Gael will each choose four and the Greens will get two .
The remaining one will be an Independent nominee , most likely from Northern Ireland .
The Programme for Government says at least half of those nominated should be women .
Mr Martin is expected @ @ @ @ @ @ @ with the fully constituted Seanad then expected to sit on Monday to deal with outstanding legislation .

The leaders of Fine Gael, Fianna Fáil and the Greens were expected to meet on Thursday to decide how to configure government departments and allocate individual portfolios to each party. Graphic: The Irish Times/Paul Scott
With voting on the programme for government coming to an end and a decision due shortly on whether Fianna Fáil, Fine Gael and the Greens will enter a historic coalition, here is a guide to what to expect on Friday and beyond.
How does the voting process work in each party?
The ratification processes in Fianna Fáil, Fine Gael and the Greens for the draft programme for government are coming to an end.
Votes will be counted on Friday.
Fine Gael requires the approval of its internal electoral college, rather than every party member, and only has 700 votes to count.
READ MORE
It is expected that its count will begin after lunchtime on Friday and will be relatively short.
The Greens’ count will start at noon with a result expected between 6pm and 7pm.
The Greens and Fianna Fáil are running one member, one vote ballot and will take longer to count than Fine Gael.
Fianna Fáil expects its own count to be concluded around tea time.
Just under 2,000 people - 1,962 - are eligible to vote in the Greens' contest, with around 14,500 in Fianna Fáil. Of those registered to vote for the Greens, 195 are from Northern Ireland.
With a large number of Green Party elected representatives from Northern Ireland against the deal, it is expected most of the 195 northern members could oppose the deal.
However, the number of those who registered to vote from Northern Ireland was relatively low - giving hope to those in favour of a deal.
The Greens initially allowed telephone voting only for members outside the the Republic and Northern Ireland, but this week widened the eligibility to allow anyone who has not received their ballot paper to vote over the phone.
Those wishing to do so must email the Green Party headquarters with their name, email, phone number, address, and a suitable time to vote by phone. Party officials will then check that person is eligible to vote.
A special code which the voter will need to vote by phone will then be sent by email, and this code must be quoted over the phone when the vote is cast. Postal votes for those who vote by phone will be cancelled.
A degree of co-ordination in the announcement of the three parties’ results on Friday is expected but has not yet been finalised.
If the three parties approve the deal, what happens next?
There will be a full sitting of the Dáil in the Convention Centre, Dublin, on Saturday morning to elect Fianna Fáil leader Micheál Martin as Taoiseach.
The Dáil cannot sit in Leinster House due to the need for social distancing if all TDs are present.
The sitting will begin at 10.30am and the proposer and seconder for each nominee for the position of taoiseach will get five minutes speaking time each.
This will be followed by ten minutes of speeches from each party or group that has not put forward a nomination for Taoiseach.
Votes will then be taken and, when, as expected, Mr Martin is elected, he will then be invited by the Ceann Comhairle to make a brief statement.
The House will then adjourn to allow Mr Martin receive his seal of office from President Micheal D Higgins in Áras an Uachtaráin, which is expected to happen at around 12.30pm.
The details of how this ceremony - and the later ceremony where the new Cabinet receive their seals of office from Mr Higgins - will operate with social distancing have not yet been finalised.
When will the Cabinet be picked?
Upon receiving his seal from the President, it is expected Mr Martin would then travel to his new office in Government Buildings where he will appoint the new Cabinet.
Fianna Fáil will have six full Cabinet posts, as will Fine Gael, and the Greens three. Leo Varadkar will choose the Fine Gael nominees and Eamon Ryan will choose the Green nominees.
The three leaders are expected to meet on Thursday to decide how to configure government departments and allocate individual portfolios to each party.
Each leader, however, will choose their own people for their allocated portfolios without the need to consult the other leaders.
When will the Dáil sit again?
The House is expected to reconvene at 4.30pm on Saturday when the members of the new cabinet will be nominated for approval by the Dáil. The Taoiseach will make a ten minute speech, as will the leaders of all parties and groups, with 100 minutes in total set aside for speeches on the nominations of new ministers.
However, this stage of the process can drag on and could stretch on longer than expected. Votes will be taken at the conclusion of speeches and the new cabinet will travel to Áras an Uachtaráin to receive their seals of office and hold their first meeting.
What about the Taoiseach’s nominees to the Seanad?
The Government believes a new taoiseach must nominate 11 members of the Upper House in order for crucial legislation to be passed through the Oireachtas, such as the renewal of the Offences Against the State Act.
The Government says this cannot be done by Mr Varadkar as acting taoiseach.
Of the 11, Fianna Fáil and Fine Gael will each choose four and the Greens will get two. The remaining one will be an Independent nominee, most likely from Northern Ireland.
The Programme for Government says at least half of those nominated should be women.
Mr Martin is expected to nominate the 11 on Saturday, with the fully constituted Seanad then expected to sit on Monday to deal with outstanding legislation.
And if one of the three does not ratify coalition?
The political system will be thrown into crisis. There are several scenarios that could play out. Taoiseach Leo Varadkar could try to dissolve the Dáil. He has said consistently that his party is interested only in a stable government involving three parties and not Independents. That is borne from past experience where governments that relied on Independent TDs became increasingly unstable as individuals withdrew support, either over a constituency or national decision that affected their policy areas.
Would that mean an election?
Not necessarily. The State is still in the middle of arguably the worst crisis in its history and the question arises as to the advisability of holding an election when the pandemic is still live. Besides, the decision of the Taoiseach would not be final. One of the few executive powers the President has is conferred under Article 13 of the Constitution. He may “in his absolute discretion refuse to dissolve the Dáil”. If he refused, it would mean that parties would have to re-engage to see if an alternative administration could be agreed. If an election is held, it must be held within 30 days of the Dáil being dissolved.


theirishtimes--2020-06-24--People hit by heart attack ‘waiting too long’ to reach hospital

Heart attack patients are taking an average of 18 additional hours to present to hospital , thereby placing themselves at massively increased health risk , according to specialists .
Doctors say that with patients presenting with late complications of heart attack during the lockdown , they are treating types of severe cardiac damage not seen in up to 40 years since the development of modern cardiac procedures .
More than 9,000 urgent cardiac care procedures did not take place during the lockdown due to patients ’ fear of Covid-19 , they estimate .
Moreover , many could die if they @ @ @ @ @ @ @ Amous , a consultant cardiologist at University Hospital Limerick ( UHL ) , who has calculated the average delay in seeking treatment over recent months , says the hospital did 60 fewer urgent cardiac procedures during the lockdown .
These included fitting pacemakers or stents and angiograms , neither of which should be delayed due to a much increased risk of permanent , life debilitating damage or death .
Extrapolating UHL ’ s figure across the busiest eight public hospitals focusing on cardiac care , as well as five private hospitals , he @ @ @ @ @ @ @ cent and 9,360 urgent procedures did not take place during the height of pandemic .
“ Some hospitals may differ in either direction , but when you average it out , 9,000-plus cases gives us a very good indication of the number of patients who urgently needed treatment and would have received life-changing , if not life-saving cardiac care had Covid-19 not arisen , ” said Dr Arnous .
“ We also know that 25 per cent of patients with serious valve disease will die within three to six months if untreated , @ @ @ @ @ @ @ Covid-19 we are already three months delayed in treating patients , but working extremely hard to make up for lost time.
” At University Hospital Galway , research has found a fall of about one-third in the number of stents and similar interventions carried out in all hospitals during the lockdown .
This number does not include elective cardiac procedures , many of which are clinically urgent , according to William McEvoy , professor of preventive cardiology at NUI Galway .
“ We have seen patients presenting with late complications of heart attacks @ @ @ @ @ @ @ of severe damage we wouldn ’ t have seen in up to 40 years since the advent of modern cardiac medicine in the 1980s , ” he added .
“ We will only understand the full extent of the problem in the next few months when we start to see patients who would have normally been seen during lockdown.
” Patients ’ minds need to be reprogrammed from “ # Stayhome to # Justgo instead , ” he said .

At University Hospital Galway, research has found a fall of about one-third in the number of stents and similar interventions carried out in all hospitals during the lockdown. File photograph: Getty
Heart attack patients are taking an average of 18 additional hours to present to hospital, thereby placing themselves at massively increased health risk, according to specialists.
Doctors say that with patients presenting with late complications of heart attack during the lockdown, they are treating types of severe cardiac damage not seen in up to 40 years since the development of modern cardiac procedures.
More than 9,000 urgent cardiac care procedures did not take place during the lockdown due to patients’ fear of Covid-19, they estimate. Moreover, many could die if they continue to forgo treatment.
Dr Samer Amous, a consultant cardiologist at University Hospital Limerick (UHL), who has calculated the average delay in seeking treatment over recent months, says the hospital did 60 fewer urgent cardiac procedures during the lockdown.
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These included fitting pacemakers or stents and angiograms, neither of which should be delayed due to a much increased risk of permanent, life debilitating damage or death.
Extrapolating UHL’s figure across the busiest eight public hospitals focusing on cardiac care, as well as five private hospitals, he estimates cardiac presentations fell by 50-80 per cent and 9,360 urgent procedures did not take place during the height of pandemic.
“Some hospitals may differ in either direction, but when you average it out, 9,000-plus cases gives us a very good indication of the number of patients who urgently needed treatment and would have received life-changing, if not life-saving cardiac care had Covid-19 not arisen,” said Dr Arnous.
“We also know that 25 per cent of patients with serious valve disease will die within three to six months if untreated,” he added. “Due to Covid-19 we are already three months delayed in treating patients, but working extremely hard to make up for lost time.”
‘Presenting with late complications’
At University Hospital Galway, research has found a fall of about one-third in the number of stents and similar interventions carried out in all hospitals during the lockdown. This number does not include elective cardiac procedures, many of which are clinically urgent, according to William McEvoy, professor of preventive cardiology at NUI Galway.
“We have seen patients presenting with late complications of heart attacks during lockdown: patients suffered the type of severe damage we wouldn’t have seen in up to 40 years since the advent of modern cardiac medicine in the 1980s,” he added.
“We will only understand the full extent of the problem in the next few months when we start to see patients who would have normally been seen during lockdown.”
Patients’ minds need to be reprogrammed from “#Stayhome to #Justgo instead,” he said.


theirishtimes--2020-06-25--Man (59) gets ‘thrill’ watching women go to toilet, court told

A man who told a garda that he gets a thrill watching women going to the toilet left a woman feeling “ humiliated and degraded ” after she caught him spying on her in a bathroom in a Galway hotel , Galway District Court has heard .
Vincent Moran ( 59 ) , of Riveroaks , Claregalway , pleaded guilty this week to intentionally engaging in offensive conduct of a sexual nature in a public place at the Ardilaun Hotel , Salthill on February 16th , 2019 .
The court heard this was Moran ’ s second appearance before the @ @ @ @ @ @ @ was previously given the benefit the Probation Act for spying on a woman using a toilet in a retail outlet in 2005 .
The victim of the 2019 offence broke down as she recounted the incident to Judge Marie Keane .
“ I ’ ve been left feeling humiliated and degraded by what happened to me , ” she said .
She said she was attending a wedding and went into a cubicle in the women ’ s toilet at around 11.30pm .
She noticed a hole in the wall adjoining the next @ @ @ @ @ @ @ it .
However , it then popped out and she could see an eye staring back at her through the hole .
The woman left the cubicle and saw a pair of men ’ s shoes when she looked under the door of the other cubicle .
She left and told her partner what had happened .
The court heard Moran left the toilet and got into a taxi outside the hotel , but the woman ’ s partner took a photo of him before he departed .
Sgt Kieran Duignan said Moran @ @ @ @ @ @ @ women ’ s bathroom “ for the thrill of watching women going to the toilet ” .
Brian Gilmartin , Moran ’ s solicitor , told the woman his client wanted to apologise .
He said a psychological report suggested there are “ risk factors present to place my client in the medium to high risk category for further offending ” .
Mr Gilmartin said the report states that Moran suffers from “ chronic feelings of loneliness and low self-esteem ” and was willing to get treatment .
Judge Keane said this was @ @ @ @ @ @ @ for such an offence .
He was given an opportunity to receive counselling in 2006 but he did not follow through , she said .
“ So , how can I possibly have any confidence that he is going to engage in rehabilitation now ?
” Imposing a four-month sentence , Judge Keane said she had a duty to protect the public .
Leave to appeal the sentence was granted on Moran ’ s own surety of €100 and an independent surety of €200 .
The bail money was paid into court and @ @ @ @ @ @ @ hearing at the Circuit Court .

Vincent Moran (59) told a garda that he gets a thrill watching women going to the toilet, Galway District Court has heard. File image: iStock.
A man who told a garda that he gets a thrill watching women going to the toilet left a woman feeling “humiliated and degraded” after she caught him spying on her in a bathroom in a Galway hotel, Galway District Court has heard.
Vincent Moran (59), of Riveroaks, Claregalway, pleaded guilty this week to intentionally engaging in offensive conduct of a sexual nature in a public place at the Ardilaun Hotel, Salthill on February 16th, 2019.
The court heard this was Moran’s second appearance before the court for a similar offence. He was previously given the benefit the Probation Act for spying on a woman using a toilet in a retail outlet in 2005.
The victim of the 2019 offence broke down as she recounted the incident to Judge Marie Keane.
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“I’ve been left feeling humiliated and degraded by what happened to me,” she said.
She said she was attending a wedding and went into a cubicle in the women’s toilet at around 11.30pm. She noticed a hole in the wall adjoining the next cubicle and put some toilet paper into it. However, it then popped out and she could see an eye staring back at her through the hole.
Men’s shoes
The woman left the cubicle and saw a pair of men’s shoes when she looked under the door of the other cubicle. She left and told her partner what had happened. The court heard Moran left the toilet and got into a taxi outside the hotel, but the woman’s partner took a photo of him before he departed.
Sgt Kieran Duignan said Moran was tracked down and admitted going into women’s bathroom “for the thrill of watching women going to the toilet”.
Brian Gilmartin, Moran’s solicitor, told the woman his client wanted to apologise. He said a psychological report suggested there are “risk factors present to place my client in the medium to high risk category for further offending”.
Mr Gilmartin said the report states that Moran suffers from “chronic feelings of loneliness and low self-esteem” and was willing to get treatment.
Second offence
Judge Keane said this was the second time Moran had been apprehended for such an offence. He was given an opportunity to receive counselling in 2006 but he did not follow through, she said. “So, how can I possibly have any confidence that he is going to engage in rehabilitation now?”
Imposing a four-month sentence, Judge Keane said she had a duty to protect the public. Leave to appeal the sentence was granted on Moran’s own surety of €100 and an independent surety of €200. The bail money was paid into court and Moran walked free to await an appeal hearing at the Circuit Court.


theirishtimes--2020-06-25--Coronavirus clusters in Irish houses surged to 500 last Monday

The number of Covid-19 clusters in private houses has reached 500 , surging by 110 clusters - a 28 per cent increase - in a single day , new official figures on the disease show .
The most recent daily report from the State ’ s Health Protection Surveillance Centre shows that the number of clusters increased from 358 on Saturday to 390 on Sunday to 500 on Monday .
A cluster is defined as two or more people being infected with the disease in one location .
While the number of clusters in congregated settings such as nursing homes @ @ @ @ @ @ @ closed after two 14-day Covid-19 incubation periods passing without a single new case being recorded , the rate of increases in private households has surged .
The biggest increase in the number of clusters in private houses came in the east of the country where , on Monday alone , the number of private house clusters being reported that day almost doubled to 182 from 97 .
The number in the south of the country rose from 59 to 83 in a day , according to the latest HPSC data on Covid-19 .
@ @ @ @ @ @ @ has more than doubled in just 11 days , rising from 240 on June 11th with the greater increase being recorded over last weekend .
A cluster is defined as two or more people being infected with the disease in one location .
The number of clusters in private houses stands at almost double the next highest location for clusters : nursing homes where there have been 257 clusters of Covid-19 infection .
Private houses surpassed nursing homes as the location with the most outbreaks on June 12th .
As of last week @ @ @ @ @ @ @ been closed .
There have been 1,726 coronavirus-related deaths and 25,396 known cases of the disease in the State .
The number of deaths and new cases reported every day has fallen significantly this month .
However , HSE chief clinical officer Dr Colm Henry said at a briefing on Wednesday that the increase in the number of household coronavirus clusters was ” a worry ” .
He said that even though the rate of transmission of the virus was low in the community , there were still outbreaks of the virus and @ @ @ @ @ @ @ people .
Dr Henry urged people to continue to follow public health guidance on social distancing and the need to avoid congregated settings as the country reopens from lockdown restrictions .
“ My biggest worry is if people equate the easing of social restrictions to the easing of all restrictions , ” he said at the HSE ’ s weekly media briefing .
He echoed remarks by World Health Organisation director general Tedros Adhanom Ghebreyesus who this week urged all countries to “ double down on the fundamental public health measures ” that @ @ @ @ @ @ @ virus .

Victoria State officials knock on doors in Broadmeadows to check if people have any symptoms of Covid-19 disease and would like a test, in Melbourne, Australia. File photograph: EPA/Daniel Pockett
The number of Covid-19 clusters reported in private houses has reached 500, surging by 110 clusters - a 28 per cent increase - in a single day, new official figures on the disease show.
The most recent daily report from the State's Health Protection Surveillance Centre shows that an increase in the number of clusters reported in private houses to 500 based on figures up to Monday.
This is an increase from 358 reported to the HPSC as of Saturday and 390 on Sunday, according to the daily reports published over recent days.
Over the same three-day period, 32 new Covid-19 cases were reported.
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The significant difference in the number of new cases and reported clusters in private houses is down to a time lag in the reporting of family outbreaks.
A spokeswoman for the HSEconfirmed the time lag in the reporting of Covid-19 family outbreaks to the HPSC.
She said the HSE was aware of these family outbreaks at the time of their occurrence and they were thoroughly investigated and public health control measures were implemented in a timely fashion.
Although reported on the national outbreak surveillance database (CIDR) as Covid-19 cases, they were “subsequently reported on that system as family outbreaks,” the HSE said.
The reason for the lag in reporting “was due to resources being prioritised to ensure that Covid-19 outbreaks in healthcare facilities, residential settings and vulnerable group settings were reported in a timely fashion to the national outbreak surveillance database,” the HSE spokeswoman said.
While the number of clusters in congregated settings such as nursing homes has remained steady with many outbreaks being closed after two 14-day Covid-19 incubation periods passing without a single new case being recorded, the rate of increases being reported in private households has surged.
A cluster is defined as two or more people being infected with the disease in one location.
The biggest increase in the number of clusters in private houses came in the east of the country where, based on figures for Monday alone, the number of private house clusters being reported that day almost doubled to 182 from 97.
The number reported in the south of the country rose from 59 to 83 in the daily report for Monday, according to the latest HPSC data on Covid-19.
The latest HPSC daily report says that new Covid-19 outbreaks reported earlier this month - in weeks 24 and 25 - some 187 new family outbreaks were reported, of which 78 occurred in March, 67 in April and 16 in May.
The number of clusters reported in private houses has more than doubled in just 11 days this month, rising from 240 on June 11th with the greater increase being recorded over last weekend.
The number of clusters in private houses now stands at almost double the next highest location for clusters: nursing homes where there have been 257 clusters of Covid-19 infection.
Private houses surpassed nursing homes as the location with the most outbreaks on June 12th.
As of last week, some 190 nursing homes clusters had been closed.
There have been 1,727 coronavirus-related deaths and 25,405 known cases of the disease in the State. The number of deaths and new cases reported every day has fallen significantly this month.
However, HSE chief clinical officer Dr Colm Henry said at a briefing on Wednesday that the increase in the number of household coronavirus clusters was "a worry".
He said that even though the rate of transmission of the virus was low in the community, there were still outbreaks of the virus and it can cause harm particularly to vulnerable people.
Dr Henry urged people to continue to follow public health guidance on social distancing and the need to avoid congregated settings as the country reopens from lockdown restrictions.
“My biggest worry is if people equate the easing of social restrictions to the easing of all restrictions,” he said at the HSE’s weekly media briefing.
He echoed remarks by World Health Organisation director general Tedros Adhanom Ghebreyesus who this week urged all countries to "double down on the fundamental public health measures" that work to prevent the spread of the virus.


theirishtimes--2020-06-25--High Court to rule on validity of Seanad next Monday

A three judge High Court will rule on Monday on a significant constitutional action over whether there is , as of now , a validly constituted Seanad entitled to sit and pass laws .
When the case concluded on Thursday , High Court president Ms Justice Mary Irvine said the court had considered a request to give its decision on Friday and provide its reasons later , but the court did not consider that to be advisable .
Ms Justice Irvine said there are “ very serious ” issues to be considered by all members of the court and the @ @ @ @ @ @ @ is to give a fully reasoned written judgment on Monday at 9.30am .
The Seanad currently comprises 49 elected members and 10 of them have brought the proceedings disputing the view of the Taoiseach and State that the Seanad can not meet and pass laws until a new taoiseach nominates 11 further senators to bring it to its full membership of 60 .
The case has potential far-reaching implications because , if the court finds a Seanad of 49 elected members can not meet and pass laws , and a new government is @ @ @ @ @ @ @ who can nominate 11 senators , very significant laws will lapse at midnight on Monday .
Those include provisions of the Offences Against the State Act and the Criminal Justice ( Amendment ) Act relating to prosecution of serious criminal and terrorist offences and trials before the non-jury Special Criminal Court .
Ms Justice Irvine , Mr Justice Denis McDonald and Ms Justice Niamh Hyland heard closing arguments on Thursday in the 1½ day case before reserving judgment .
The plaintiffs are elected Senators Ivana Bacik , Victor Boyhan , Gerard Craughwell , @ @ @ @ @ @ @ McDowell , Rebecca Moynihan , Ronan Mullen , Marie Sherlock and Mark Wall .
Their case against An Taoiseach , Ireland and the Attorney General centres on interpretation of various provisions of the Constitution , particularly Article 18 .
Article 18.1 provides the Seanad “ shall be composed of sixty members , of whom eleven shall be nominated members and forty-nine shall be elected members ” .
Article 18.8 provides the first meeting of the Seanad after a general election “ shall take place on a day to be fixed by the President @ @ @ @ @ @ @ .
The plaintiffs argue the outgoing Taoiseach had , from the time 49 members of the Seanad were elected on April 4th , power to advise the President to fix a date for the convening of the Seanad .
They dispute the respondents view that a taoiseach has discretion to advise the president which he should not exercise until there is reasonable certainty a new taoiseach will be elected and in a position to nominate the remaining 11 senators .
The State respondents rely on the analysis in Kelly : The Irish Constitution @ @ @ @ @ @ @ the Constitution , concerning the ability of the legislature to legislate in the period between election of a new Dáil and the meeting of a new Seanad .
That analysis referred to a “ vacuum of legislative power ” arising from the inability to have a “ fully composed ” Seanad of 60 because a new taoiseach has not been appointed .
In closing arguments for the Senators on Thursday , John Rogers SC , with Eileen Barrington SC and Hugh McDowell BL , said the State case means there is “ no @ @ @ @ @ @ @ “ immovable ” until a new taoiseach is elected .
He said that is “ an unsupportable proposition ” and the current situation is worse than a “ legislative deadlock ” .
“ We are playing with fire and it is not permissible to take such risks.
” .
The priority is the safety of the people and the drafters of the Constitution could not have perceived there would be an interregnum in the legislative system in the way argued for by the respondents , he argued .
Closing the case for the @ @ @ @ @ @ @ , with Conleth Bradley SC and Michael Binchy BL , said Article 24 requires there should be a properly composed Seanad .
He said the Taoiseach ’ s exercise of discretion in relation to advising the President of a day to convene the Seanad was informed by the “ principal consideration ” that he , as outgoing Taoiseach , could not nominate 11 members so he could not advise the President of the date .
The issue is whether that principal consideration is a valid one , the State maintained it was , @ @ @ @ @ @ @ Article 18.8 ” .

A three judge High Court will rule on Monday on a significant constitutional action over whether there is, as of now, a validly constituted Seanad entitled to sit and pass laws. Photograph: Tom Honan for The Irish Times.
A three judge High Court will rule on Monday on a significant constitutional action over whether there is, as of now, a validly constituted Seanad entitled to sit and pass laws.
When the case concluded on Thursday, High Court president Ms Justice Mary Irvine said the court had considered a request to give its decision on Friday and provide its reasons later, but the court did not consider that to be advisable.
Ms Justice Irvine said there are “very serious” issues to be considered by all members of the court and the “most prudent and cautious course” is to give a fully reasoned written judgment on Monday at 9.30am.
The Seanad currently comprises 49 elected members and 10 of them have brought the proceedings disputing the view of the Taoiseach and State that the Seanad cannot meet and pass laws until a new taoiseach nominates 11 further senators to bring it to its full membership of 60.
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The case has potential far-reaching implications because, if the court finds a Seanad of 49 elected members cannot meet and pass laws, and a new government is not formed this weekend with a taoiseach who can nominate 11 senators, very significant laws will lapse at midnight on Monday.
Those include provisions of the Offences Against the State Act and the Criminal Justice (Amendment) Act relating to prosecution of serious criminal and terrorist offences and trials before the non-jury Special Criminal Court.
Ms Justice Irvine, Mr Justice Denis McDonald and Ms Justice Niamh Hyland heard closing arguments on Thursday in the 1½ day case before reserving judgment.
The plaintiffs are elected Senators Ivana Bacik, Victor Boyhan, Gerard Craughwell, Annie Hoey, Sharon Keogan, Michael McDowell, Rebecca Moynihan, Ronan Mullen, Marie Sherlock and Mark Wall.
Their case against An Taoiseach, Ireland and the Attorney General centres on interpretation of various provisions of the Constitution, particularly Article 18.
Article 18.1 provides the Seanad “shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members”. Article 18.8 provides the first meeting of the Seanad after a general election “shall take place on a day to be fixed by the President on the advice of the Taoiseach”.
The plaintiffs argue the outgoing Taoiseach had, from the time 49 members of the Seanad were elected on April 4th, power to advise the President to fix a date for the convening of the Seanad. They dispute the respondents view that a taoiseach has discretion to advise the president which he should not exercise until there is reasonable certainty a new taoiseach will be elected and in a position to nominate the remaining 11 senators.
The State respondents rely on the analysis in Kelly: The Irish Constitution, regarded as the seminal work on the Constitution, concerning the ability of the legislature to legislate in the period between election of a new Dáil and the meeting of a new Seanad. That analysis referred to a "vacuum of legislative power" arising from the inability to have a "fully composed" Seanad of 60 because a new taoiseach has not been appointed.
In closing arguments for the Senators on Thursday, John Rogers SC, with Eileen Barrington SC and Hugh McDowell BL, said the State case means there is “no parliament” and Taoiseach Leo Varadkar is “immovable” until a new taoiseach is elected . He said that is “an unsupportable proposition” and the current situation is worse than a “legislative deadlock”.
“We are playing with fire and it is not permissible to take such risks.”.
The priority is the safety of the people and the drafters of the Constitution could not have perceived there would be an interregnum in the legislative system in the way argued for by the respondents, he argued.
Closing the case for the State, Attorney General Séamus Woulfe SC, with Conleth Bradley SC and Michael Binchy BL, said Article 24 requires there should be a properly composed Seanad.
He said the Taoiseach’s exercise of discretion in relation to advising the President of a day to convene the Seanad was informed by the “principal consideration” that he, as outgoing Taoiseach, could not nominate 11 members so he could not advise the President of the date.
The issue is whether that principal consideration is a valid one, the State maintained it was, and “all roads lead back to Article 18.8”.