theirishtimes--2020-02-23--What evidence is there that the IRA still controls Sinn Féin?

It is rare for the Garda to make an official statement on the links between the IRA and Sinn Féin .
So when Garda Commissioner Drew Harris said on Friday it was the opinion of the force that one still exerts control over the other , it predictably made political waves .
Harris ’ s comments were simple and brief but they have been interpreted in vastly different ways by Sinn Féin ’ s opponents and supporters .
Some have accused him of interference in the process of government formation , others of simply reheating out-of-date intelligence .
Not exactly @ @ @ @ @ @ @ at Templemore for graduating gardaí and , as is traditional , made himself available to the media for questions afterwards .
That day The Irish Times had reported the PSNI still believes the IRA Provisional Army Council oversees both the IRA and Sinn Féin .
Harris was asked if the Garda agreed with this view and replied that it did .
Although many questioned the timing of his views , they do not differ from those expressed by senior individual gardaí in recent years .
What exactly does the latest assessment say ?
@ @ @ @ @ @ @ link between the IRA and Sinn Féin remains the same as that laid out in a joint assessment conducted with MI5 in 2015 .
In that report , a number of definitive statements were made about the IRA including that its structures remained “ in a much reduced form ” , that it is not actively recruiting and that its leadership is committed to achieving a united Ireland through peaceful means .
Crucially , it stated it was the view of IRA members that the army council oversees both the IRA and Sinn @ @ @ @ @ @ @ .
This strategy has “ a wholly political focus ” , it added .
What did they base this view on ?
The report lists a wide range of intelligence-gathering methods used to form the conclusions including surveillance , eavesdropping , covert intelligence agents and open source information such as internet postings .
It also warns that , while it was confident in its assessment , the conclusions should not be interpreted as evidence which could be used in a criminal court .
Ironically , given its current significance , the report was @ @ @ @ @ @ @ in Stormont and reassure unionists that IRA violence was a thing of the past .
Harris was second in command of the PSNI at the time .
So wasn ’ t he basically just agreeing with himself on Friday ?
No .
It is clear from the comments that Harris was expressing the view of Garda intelligence , not giving his own assessment .
The Garda , through the Special Detective Unit and the secretive National Surveillance Unit , continue to actively assess the capabilities of paramilitary groups north and south of the @ @ @ @ @ @ @ these days is on dissident groups who remain committed to violence , some resources are still assigned to monitoring Provisional IRA members .
Is there any other evidence linking Sinn Féin to the IRA army council ?
Accusations that Sinn Féin is controlled by the army council surfaced again recently when documents were released during Northern Ireland ’ s “ cash-for-ash ” inquiry showing one of its ministers in the Northern Executive sought approval for decisions from figures who had been members of the IRA .
The inquiry heard the Sinn Féin minister @ @ @ @ @ @ @ number of former IRA members and senior republican Ted Howell , a long-standing confidante of former Sinn Féin president Gerry Adams .
How does the 2015 report compare with other assessments ?
There have been many official reports on the IRA and its army council since decommissioning and they have not always agreed with each other .
In 2008 , the Independent Monitoring Commission said the army council “ by deliberate choice is no longer operational or functional ” .
It added : “ This situation has been brought about by a conscious @ @ @ @ @ @ @ rather than through any other mechanism.
” The following year , the commission seemed to slightly revise this wording to suggest the dissolution of the army council was an ongoing rather than completed process .
In 2015 , in a rare official statement on the topic , the office of then Garda commissioner Nóirin O ’ Sullivan stated the Garda had no information or intelligence that “ the Provisional IRA still maintains its military structure ” .
In 2005 , the Independent Monitoring Commission on Decommissioning said , based on Irish and UK @ @ @ @ @ @ @ of all its weapons .
However several later reports said the group continued to hold some arms .
These contradictions aside , there is one overarching conclusion reached by every report published in the last 15 years – the IRA ’ s military campaign is a thing of the past and is highly unlikely to return .
What does Sinn Féin say ?
“ The reality is that we now live in a peaceful dispensation , the war is over , the IRA has gone away and democracy is the order of the @ @ @ @ @ @ @ around that , ” party president Mary Lou McDonald said on Friday .
“ I know Drew Harris has said he will work with any party with a democratic mandate and that ’ s exactly as it should be.
” Other party figures struck a more combative tone over the weekend .
“ The politicising of the gardaí by Drew Harris is deeply worrying for citizens ” said newly elected TD for Mayo Rose Conway-Walsh , who claimed that individual gardaí were “ very upset by his actions .
”

Garda Commissioner Drew Harris said it was the view of the force that the IRA Provisional Army Council oversees both the IRA and Sinn Féin. File photograph: Crispin Rodwell
It is rare for the Garda to make an official statement on the links between the IRA and Sinn Féin. So when Garda Commissioner Drew Harris said on Friday it was the opinion of the force that one still exerts control over the other, it predictably made political waves.
Harris’s comments were simple and brief but they have been interpreted in vastly different ways by Sinn Féin’s opponents and supporters. Some have accused him of interference in the process of government formation, others of simply reheating out-of-date intelligence.
Was it a planned announcement?
Not exactly. Harris was attending a passing-out parade at Templemore for graduating gardaí and, as is traditional, made himself available to the media for questions afterwards. That day The Irish Times had reported the PSNI still believes the IRA Provisional Army Council oversees both the IRA and Sinn Féin. Harris was asked if the Garda agreed with this view and replied that it did.
READ MORE
Although many questioned the timing of his views, they do not differ from those expressed by senior individual gardaí in recent years.
What exactly does the latest assessment say?
The PSNI said its analysis of the link between the IRA and Sinn Féin remains the same as that laid out in a joint assessment conducted with MI5 in 2015. In that report, a number of definitive statements were made about the IRA including that its structures remained “in a much reduced form”, that it is not actively recruiting and that its leadership is committed to achieving a united Ireland through peaceful means.
Crucially, it stated it was the view of IRA members that the army council oversees both the IRA and Sinn Féin “with an overarching strategy”. This strategy has “a wholly political focus”, it added.
What did they base this view on?
The report lists a wide range of intelligence-gathering methods used to form the conclusions including surveillance, eavesdropping, covert intelligence agents and open source information such as internet postings.
It also warns that, while it was confident in its assessment, the conclusions should not be interpreted as evidence which could be used in a criminal court.
Ironically, given its current significance, the report was first commissioned to resolve a political crisis in Stormont and reassure unionists that IRA violence was a thing of the past.
Harris was second in command of the PSNI at the time. So wasn’t he basically just agreeing with himself on Friday?
No. It is clear from the comments that Harris was expressing the view of Garda intelligence, not giving his own assessment. The Garda, through the Special Detective Unit and the secretive National Surveillance Unit, continue to actively assess the capabilities of paramilitary groups north and south of the border.
Although most of the focus these days is on dissident groups who remain committed to violence, some resources are still assigned to monitoring Provisional IRA members.
Is there any other evidence linking Sinn Féin to the IRA army council?
Accusations that Sinn Féin is controlled by the army council surfaced again recently when documents were released during Northern Ireland’s “cash-for-ash” inquiry showing one of its ministers in the Northern Executive sought approval for decisions from figures who had been members of the IRA.
The inquiry heard the Sinn Féin minister for finance Máirtín Ó Muilleoir consulted a number of former IRA members and senior republican Ted Howell, a long-standing confidante of former Sinn Féin president Gerry Adams.
How does the 2015 report compare with other assessments?
There have been many official reports on the IRA and its army council since decommissioning and they have not always agreed with each other.
In 2008, the Independent Monitoring Commission said the army council "by deliberate choice is no longer operational or functional".
It added: “This situation has been brought about by a conscious decision to let it fall into disuse rather than through any other mechanism.”
The following year, the commission seemed to slightly revise this wording to suggest the dissolution of the army council was an ongoing rather than completed process.
In 2015, in a rare official statement on the topic, the office of then Garda commissioner Nóirin O’Sullivan stated the Garda had no information or intelligence that “the Provisional IRA still maintains its military structure”.
In 2005, the Independent Monitoring Commission on Decommissioning said, based on Irish and UK government estimates, the IRA had disposed of all its weapons. However several later reports said the group continued to hold some arms.
These contradictions aside, there is one overarching conclusion reached by every report published in the last 15 years – the IRA’s military campaign is a thing of the past and is highly unlikely to return.
What does Sinn Féin say?
“The reality is that we now live in a peaceful dispensation, the war is over, the IRA has gone away and democracy is the order of the day and there’s no dispute around that,” party president Mary Lou McDonald said on Friday.
“I know Drew Harris has said he will work with any party with a democratic mandate and that’s exactly as it should be.”
Other party figures struck a more combative tone over the weekend. "The politicising of the gardaí by Drew Harris is deeply worrying for citizens" said newly elected TD for Mayo Rose Conway-Walsh, who claimed that individual gardaí were "very upset by his actions."


theirishtimes--2020-02-23--Brazilian father to be deported days after daughter’s birthday

The father of an undocumented Brazilian family living in Athenry , Co Galway is set to be deported from the country on Tuesday , just days after his eldest daughter ’ s 12th birthday .
Lucivaldo Araujo da Silva was arrested on February 2nd on foot of a deportation order and is currently being held in Cloverhill Prison .
The mother , Danielle Martins Ribeiro , is also facing a deportation order .
The three children , Stephany Bianka Martins Ribeiro ( 12 ) , Bryan Martins Araujo ( 9 ) and Nicole Martins Ribeiro ( 2 ) , were @ @ @ @ @ @ @ Ribeiro said immigration officials had informed her both she and her daughter Stephany were subject to deportation orders .
The family have been living in Ireland undocumented for over a decade , the father works as a painter and the mother works in Athenry town .
“ Athenry is their home , ” she told The Irish Times .
In 2004 a referendum to remove the automatic right to citizenship of children born in the country to non-Irish parents was passed by a large majority .
Speaking on her 12th birthday on Sunday @ @ @ @ @ @ @ weeks since her father had been arrested had been “ awful ” for the family .
“ I ’ m from Athenry , they told me I have a deportation order , I ’ m very confused , ” she told The Irish Times .
“ I have never stepped my foot out of here , I ’ ve spent my whole life here .
I was born in Galway hospital .
I ’ m a Galway girl from the fields of Athenry .
I don ’ t want to go to Brazil @ @ @ @ @ @ @ birthday while her father was in prison facing deportation was “ lonely , ” she said .
“ He is a wonderful person , he does not deserve to be in prison , ” she said .
“ If my Dad would have to go , I too would have to go .
We ’ re still fighting strong…Today is scary , I ’ m very nervous , ” she said .
Barrister Lorraine Lally is preparing to file a legal challenge on Monday on behalf of the family , to try to @ @ @ @ @ @ @ .
Fianna Fáil TD for Galway East Anne Rabbitte called on Minister for Justice Charlie Flanagan to intervene and revoke the deportation orders .
“ We ’ re ripping families apart…I ’ m appealing for the Minister of Justice to show compassion , ” she said .
The policy of deporting children who had been born and lived their whole lives in Ireland was “ incomprehensible , ” she said .
“ It ’ s heartbreaking to see this Athenry family on the verge of being torn apart .
I spoke to the @ @ @ @ @ @ @ about the case and wrote to him on Friday seeking an intervention on humanitarian grounds , ” she said .
“ This family is much-loved in the area and their friends and neighbours are rallying around them to try and save this family , ” Ms Rabbitte said .
The Department of Justice had not responded to queries for comment on the Ribeiro family ’ s case at the time of publication .

Danielle Martins Ribeiro, with her three children Stephany Bianka Martins Ribeiro (12), Bryan Martins Araujo (9), and Nicole Martins Ribeiro (2).
The father of an undocumented Brazilian family living in Athenry, Co Galway is set to be deported from the country on Tuesday, just days after his eldest daughter's 12th birthday.
Lucivaldo Araujo da Silva was arrested on February 2nd on foot of a deportation order and is currently being held in Cloverhill Prison.
The mother, Danielle Martins Ribeiro, is also facing a deportation order. The three children, Stephany Bianka Martins Ribeiro (12), Bryan Martins Araujo (9) and Nicole Martins Ribeiro (2), were all born in Ireland.
Ms Martins Ribeiro said immigration officials had informed her both she and her daughter Stephany were subject to deportation orders.
READ MORE
The family have been living in Ireland undocumented for over a decade, the father works as a painter and the mother works in Athenry town. “Athenry is their home,” she told The Irish Times.
In 2004 a referendum to remove the automatic right to citizenship of children born in the country to non-Irish parents was passed by a large majority.
Speaking on her 12th birthday on Sunday, the eldest child Stephany said the weeks since her father had been arrested had been “awful” for the family.
“I’m from Athenry, they told me I have a deportation order, I’m very confused,” she told The Irish Times.
“I have never stepped my foot out of here, I’ve spent my whole life here. I was born in Galway hospital. I’m a Galway girl from the fields of Athenry. I don’t want to go to Brazil,” she said.
Celebrating her birthday while her father was in prison facing deportation was “lonely,” she said. “He is a wonderful person, he does not deserve to be in prison,” she said.
“If my Dad would have to go, I too would have to go. We’re still fighting strong…Today is scary, I’m very nervous,” she said.
Barrister Lorraine Lally is preparing to file a legal challenge on Monday on behalf of the family, to try to prevent Mr Araujo Silva's deportation.
Fianna Fáil TD for Galway East Anne Rabbitte called on Minister for Justice Charlie Flanagan to intervene and revoke the deportation orders.
“We’re ripping families apart…I’m appealing for the Minister of Justice to show compassion,” she said.
The policy of deporting children who had been born and lived their whole lives in Ireland was “incomprehensible,” she said.
“It’s heartbreaking to see this Athenry family on the verge of being torn apart. I spoke to the Minister for Justice Charlie Flanagan on Thursday about the case and wrote to him on Friday seeking an intervention on humanitarian grounds,” she said.
“This family is much-loved in the area and their friends and neighbours are rallying around them to try and save this family,” Ms Rabbitte said.
The Department of Justice had not responded to queries for comment on the Ribeiro family’s case at the time of publication.


theirishtimes--2020-02-23--Johnson orders Brexit team to ‘get around’ Northern checks protocol

Concern has been expressed over reports that Boris Johnson has ordered his Brexit team to find ways to “ get around ” the Northern Ireland protocol .
The Sunday Times has reported that officials in Taskforce Europe are seeking to evade Irish Sea checks on goods passing from Great Britain to Northern Ireland .
Mr Johnson ’ s cabinet will meet on Tuesday to sign off on the proposals , it was reported , which are expected to be presented in Parliament and published online on Thursday .
The Withdrawal Agreement between the UK and EU leaves Northern Ireland within @ @ @ @ @ @ @ procedures will apply to goods arriving there .
A UK government spokesman responded to the reports , saying the UK will “ comply with its obligations ” .
Sinn Féin MP Chris Hazzard urged that the UK government “ must not be allowed to sidestep their responsibilities ” .
“ While there is no such thing as a good Brexit , the protections secured in the Irish Protocol and Withdrawal Agreement offer some protections to local communities and businesses in the north , ” he said .
“ It now appears the British @ @ @ @ @ @ @ what has already been agreed ; this would be completely unacceptable .
“ We need to see the EU27 and the Irish government protecting what has already been agreed on the north and working to prevent the Tories from adopting an a la carte approach to their international obligations and responsibilities.
” A UK government spokesman said : “ The UK signed the Withdrawal Agreement , including the protocol , last month .
“ The UK will comply with its obligations.
” – PA

British prime minister Boris Johnson (left) speaks during his first Cabinet meeting flanked by his new chancellor of the exchequer Rishi Sunak. Photograph: Matt Dunham/PA Pool/Getty
Concern has been expressed over reports that Boris Johnson has ordered his Brexit team to find ways to "get around" the Northern Ireland protocol.
The Sunday Times has reported that officials in Taskforce Europe are seeking to evade Irish Sea checks on goods passing from Great Britain to Northern Ireland.
Mr Johnson’s cabinet will meet on Tuesday to sign off on the proposals, it was reported, which are expected to be presented in Parliament and published online on Thursday.
The Withdrawal Agreement between the UK and EU leaves Northern Ireland within the UK customs area but all EU procedures will apply to goods arriving there.
READ MORE
A UK government spokesman responded to the reports, saying the UK will “comply with its obligations”.
Sinn Féin MP Chris Hazzard urged that the UK government "must not be allowed to sidestep their responsibilities".
“While there is no such thing as a good Brexit, the protections secured in the Irish Protocol and Withdrawal Agreement offer some protections to local communities and businesses in the north,” he said.
"It now appears the British Government is planning to ride roughshod over what has already been agreed; this would be completely unacceptable.
“We need to see the EU27 and the Irish government protecting what has already been agreed on the north and working to prevent the Tories from adopting an a la carte approach to their international obligations and responsibilities.”
A UK government spokesman said: “The UK signed the Withdrawal Agreement, including the protocol, last month.
“The UK will comply with its obligations.” – PA


theirishtimes--2020-02-23--The Boris bridge: Will Johnson’s ‘vanity project’ ever happen?

At their closest point , only 20km separate Torr Head in Co Antrim from the Mull of Kintyre ; on a clear day on the north coast , you can see Scotland .
“ What we need to do is build a bridge between our two islands , ” said Boris Johnson in 2018 .
“ Why don ’ t we ?
Why don ’ t we ?
” In those few sentences , the Boris Bridge was born .
Downing Street is “ looking into ” the prospect of a bridge between Northern Ireland and Scotland , according to @ @ @ @ @ @ @ out by a “ range of government officials , with that work being reported to No 10.
” “ Watch this space , ” Johnson – now the UK prime minister – told the House of Commons in December , and “ watch the space between the islands.
” In Northern Ireland and Scotland , the governments are watching .
On February 14th the North ’ s infrastructure minister , the SDLP MLA Nichola Mallon , and the Scottish transport secretary , Michael Matheson , wrote to the UK transport secretary to express @ @ @ @ @ @ @ has been “ absolutely no consultation ” with them on what is a devolved matter .
Both argue that the £20 billion ( €23 billion ) potential price tag would be better spent on infrastructure projects in Scotland and Northern Ireland “ rather than indulging the prime minister with this vanity project ” , as Matheson put it .
“ In terms of unviable bridges and vanity projects the prime minister has form on this , ” Mallon tells The Irish Times .
“ I ’ m very clear that is not going @ @ @ @ @ @ @ Northern Ireland.
” There is little to go on .
“ Frankly , most of it ’ s guesswork at the moment because there ’ s a lot of work to do before feasibility can really be proven , ” says Ian Firth , a bridge designer and Fellow of the Institution of Structural Engineers .
Can it be done ?
“ Yes is the short answer .
It ’ s always feasible to do things , but it does come down to the question of cost , and there are huge questions @ @ @ @ @ @ @ ” Two routes are generally regarded as the most likely options .
One is the short , 20km route from the north Antrim coast to Kintyre , the other , from Larne to Portpatrick , is similar to the ferry route to Stranraer .
The second option is longer , but is further south and has better road links , though both routes would still require a substantial road upgrade on either side of the Irish Sea .
Bridges of this length have been built before .
The Hong Kong-Zhuhai-Macau bridge is a @ @ @ @ @ @ @ undersea tunnel and several artificial islands to cross open sea ; it is , according to Dr John McKinley , senior lecturer in engineering at Queen ’ s University , Belfast , the structure that comes closest to what might be required for an Ireland-Scotland link .
In the Irish Sea , the water is deeper and the seas stronger .
“ It isn ’ t the length that ’ s the engineering challenge , but the environment and the depth , ” says McKinley .
“ It is a fairly hostile environment @ @ @ @ @ @ @ bridge pier at the kind of depth of the Irish Sea in that hostile an environment , but we have built things like that in hostile environments.
” The sea bed between Northern Ireland and Scotland is between 50 and 150m deep ; the deck of the bridge must also be sufficiently high to allow shipping to pass underneath .
McKinley compares it to the Øresund bridge , which links Denmark and Sweden ; it has a clearance of about 60m .
Assuming a similar measurement , this would mean the largest piers @ @ @ @ @ @ @ of the bridge – “ would be about 210 metres from seabed to deck .
That ’ s big.
” A suspension bridge would give the longest spans ; floating technology - similar to that used to build deep sea oil platforms - is currently being used in Norway .
“ There is also a very intriguing type of structure which is a floating submerged tunnel .
.
.
which is like a tube floating but held down with tethers to the sea bed , ” says Firth .
“ The floating tube @ @ @ @ @ @ @ would be considered by any technical feasibility study.
” There is also the matter of Beaufort ’ s Dyke , a natural trench 300m deep but only about 3.5km wide .
“ Any bridge from Larne to Portpatrick would have to have a central span of about 500m to 1000m , which would require support piers roughly 250m to 500m either side of Beaufort ’ s Dyke , ” says McKinley .
“ That ’ s close.
” After the end of the second World War , it was used by the UK @ @ @ @ @ @ @ Ministry of Defence estimates that more than a million tonnes of conventional and chemical weapons were dumped there .
There is also radioactive waste .
The assumption is that the Dyke would be avoided .
“ Don ’ t go playing around in there , ” says Robin Rickard , principal consultant with explosive ordnance consultancy Exord .
If left alone , he explains , abandoned munitions , are “ very safe ” , not least because they are not armed ; the greater threat is from so-called short dumping , where munitions @ @ @ @ @ @ @ way to the Dyke .
Avoidance is the best policy , Rickard says ; once an exact route is determined , studies would be carried out to find the location of any unexploded ordnance .
“ If you can ’ t avoid them you send an RV down , you dispose of them with divers or whatever , you blow them up.
” This would be factored into the cost of any potential bridge .
Johnson has put the price tag at “ only ” about £15 billion [ €17 billion ] .
@ @ @ @ @ @ @ really going out on a limb because it could be £20 billion , it could be £60 billion [ €71 billion ] .
” There have been significant cost overruns on , not least , the Hong Kong bridge , which cost three times its original estimate .
“ I don ’ t see this as being a feasible thing to do economically.
” “ I ’ m not going to quote a figure , ” says Firth .
“ There have been various numbers thrown around rather irresponsibly , given there ’ @ @ @ @ @ @ @ estimates , but given that it would be very expensive you might ask whether the money would be better spent upgrading the ferry service and the roads.
” Seamus Leheny makes this same point .
The policy manager for the Freight Transport Association in Northern Ireland , he says it is “ not a foregone conclusion that every single lorry today would just start using the bridge.
” Indeed , if a bridge was to be built , “ you would probably put it from the Dublin area to Holyhead , because that @ @ @ @ @ @ @ south of England .
” But he compares it to “ your house having multiple leaks in the roof and thinking about building a new conservatory .
“ You ’ ve got to get your priorities in place .
Twenty billion pounds would radically overhaul infrastructure in Northern Ireland , with motorways , dual carriageways .
You could probably subsidise free ferry transport for over a century and provide free public transport and new rail links for that same amount of money.
” Dr Esmond Birnie , senior economist at Ulster University , @ @ @ @ @ @ @ concludes it is “ hard to see how the quantified ( and properly discounted ) economic benefits could in fact exceed the cost.
” Yet , he adds , “ something can be technologically feasible without providing economic benefits greater than the costs .
The Concorde supersonic aircraft and post-war British atomic power stations may have been engineering marvels but they were far from commercially viable and might well have ‘ failed ’ the test of an economic cost benefit analysis.
” This is the DUP ’ s argument ; it is the @ @ @ @ @ @ @ five main political parties to support the bridge .
“ Physical links and major infrastructure projects like this all over the world are judged not only on their economic benefits but on their political benefits , including how they integrate countries , ” the East Antrim MP , Sammy Wilson , told the Commons in December .
Post-Brexit the bridge would be not only a physical link with the rest of the UK , but a symbol of Northern Ireland ’ s place within the Union .
“ If money was growing on @ @ @ @ @ @ @ any proposed bridge ?
We would , ” says Mallon .
“ But I think anyone who has any common sense will realise that , when you have a situation where you don ’ t have enough finances to be switching on broken street lights or filling potholes , or we can ’ t invest the money that ’ s required in our waste water infrastructure , to be talking about squandering £20 billion on a bridge between Northern Ireland and Scotland .
.
.
is a complete non-runner .
”

At their closest point, only 20km separate Torr Head in Co Antrim from the Mull of Kintyre; on a clear day on the north coast, you can see Scotland.
"What we need to do is build a bridge between our two islands," said Boris Johnson in 2018. "Why don't we? Why don't we?"
In those few sentences, the Boris Bridge was born. Downing Street is "looking into" the prospect of a bridge between Northern Ireland and Scotland, according to a spokesperson; work is being carried out by a "range of government officials, with that work being reported to No 10."
“Watch this space,” Johnson – now the UK prime minister – told the House of Commons in December, and “watch the space between the islands.”
READ MORE
In Northern Ireland and Scotland, the governments are watching. On February 14th the North's infrastructure minister, the SDLP MLA Nichola Mallon, and the Scottish transport secretary, Michael Matheson, wrote to the UK transport secretary to express their concerns – not least that there has been "absolutely no consultation" with them on what is a devolved matter.
Guesswork
Both argue that the £20 billion (€23 billion) potential price tag would be better spent on infrastructure projects in Scotland and Northern Ireland “rather than indulging the prime minister with this vanity project”, as Matheson put it.
“In terms of unviable bridges and vanity projects the prime minister has form on this,” Mallon tells The Irish Times. “I’m very clear that is not going to happen under my watch here in Northern Ireland.”
There is little to go on. "Frankly, most of it's guesswork at the moment because there's a lot of work to do before feasibility can really be proven," says Ian Firth, a bridge designer and Fellow of the Institution of Structural Engineers.
Can it be done? “Yes is the short answer. It’s always feasible to do things, but it does come down to the question of cost, and there are huge questions about the desirability of such a thing.”
The Ministry of Defence estimates that more than a million tonnes of conventional and chemical weapons were dumped in Beaufort's Dyke
Two routes are generally regarded as the most likely options. One is the short, 20km route from the north Antrim coast to Kintyre, the other, from Larne to Portpatrick, is similar to the ferry route to Stranraer.
The second option is longer, but is further south and has better road links, though both routes would still require a substantial road upgrade on either side of the Irish Sea.
Bridges of this length have been built before. The Hong Kong-Zhuhai-Macau bridge is a 55km link which uses bridges, an undersea tunnel and several artificial islands to cross open sea; it is, according to Dr John McKinley, senior lecturer in engineering at Queen's University, Belfast, the structure that comes closest to what might be required for an Ireland-Scotland link.
In the Irish Sea, the water is deeper and the seas stronger. “It isn’t the length that’s the engineering challenge, but the environment and the depth,” says McKinley.
The landmark Oresund Bridge. The 11km structure is famous thanks to “The Bridge” crime series but, since opening in 2000, has become a steel-and-concrete embodiment of the Schengen ideal of passport-free travel.
Hostile environment
“It is a fairly hostile environment. We haven’t built a bridge pier at the kind of depth of the Irish Sea in that hostile an environment, but we have built things like that in hostile environments.”
The sea bed between Northern Ireland and Scotland is between 50 and 150m deep; the deck of the bridge must also be sufficiently high to allow shipping to pass underneath.
McKinley compares it to the Øresund bridge, which links Denmark and Sweden; it has a clearance of about 60m. Assuming a similar measurement, this would mean the largest piers – the structures which support the span of the bridge – "would be about 210 metres from seabed to deck. That's big."
A suspension bridge would give the longest spans; floating technology - similar to that used to build deep sea oil platforms - is currently being used in Norway. "There is also a very intriguing type of structure which is a floating submerged tunnel . . . which is like a tube floating but held down with tethers to the sea bed," says Firth. "The floating tube might be an interesting option which certainly would be considered by any technical feasibility study."
There is also the matter of Beaufort’s Dyke, a natural trench 300m deep but only about 3.5km wide. “Any bridge from Larne to Portpatrick would have to have a central span of about 500m to 1000m, which would require support piers roughly 250m to 500m either side of Beaufort’s Dyke,” says McKinley. “That’s close.”
Squandering £20 billion on a bridge between Northern Ireland and Scotland . . . is a complete non-runner
After the end of the second World War, it was used by the UK for the disposal of munitions; the Ministry of Defence estimates that more than a million tonnes of conventional and chemical weapons were dumped there. There is also radioactive waste.
The assumption is that the Dyke would be avoided. "Don't go playing around in there," says Robin Rickard, principal consultant with explosive ordnance consultancy Exord. If left alone, he explains, abandoned munitions, are "very safe", not least because they are not armed; the greater threat is from so-called short dumping, where munitions were dropped in shallower water on the way to the Dyke.
Avoidance is the best policy, Rickard says; once an exact route is determined, studies would be carried out to find the location of any unexploded ordnance. “If you can’t avoid them you send an RV down, you dispose of them with divers or whatever, you blow them up.”
This would be factored into the cost of any potential bridge. Johnson has put the price tag at “only” about £15 billion [€17 billion]. This, says McKinley, “is really going out on a limb because it could be £20 billion, it could be £60 billion [€71 billion].”
There have been significant cost overruns on, not least, the Hong Kong bridge, which cost three times its original estimate. "I don't see this as being a feasible thing to do economically."
“I’m not going to quote a figure,” says Firth. “There have been various numbers thrown around rather irresponsibly, given there’s no basis on which to create estimates, but given that it would be very expensive you might ask whether the money would be better spent upgrading the ferry service and the roads.”
DUP MP Sammy Wilson: ‘Physical links and major infrastructure projects like this all over the world are judged not only on their economic benefits but on their political benefits, including how they integrate countries.’ Photograph: Jessica Taylor/UK Parliament/AFP via Getty
Better spent elsewhere
Seamus Leheny makes this same point. The policy manager for the Freight Transport Association in Northern Ireland, he says it is "not a foregone conclusion that every single lorry today would just start using the bridge." Indeed, if a bridge was to be built, "you would probably put it from the Dublin area to Holyhead, because that's the central corridor into the south of England. "
But he compares it to “your house having multiple leaks in the roof and thinking about building a new conservatory.
“You’ve got to get your priorities in place. Twenty billion pounds would radically overhaul infrastructure in Northern Ireland, with motorways, dual carriageways. You could probably subsidise free ferry transport for over a century and provide free public transport and new rail links for that same amount of money.”
Dr Esmond Birnie, senior economist at Ulster University, has looked at the figures; he concludes it is "hard to see how the quantified (and properly discounted) economic benefits could in fact exceed the cost."
Yet, he adds, “something can be technologically feasible without providing economic benefits greater than the costs. The Concorde supersonic aircraft and post-war British atomic power stations may have been engineering marvels but they were far from commercially viable and might well have ‘failed’ the test of an economic cost benefit analysis.”
This is the DUP's argument; it is the only one of the North's five main political parties to support the bridge. "Physical links and major infrastructure projects like this all over the world are judged not only on their economic benefits but on their political benefits, including how they integrate countries," the East Antrim MP, Sammy Wilson, told the Commons in December.
Post-Brexit the bridge would be not only a physical link with the rest of the UK, but a symbol of Northern Ireland’s place within the Union.
“If money was growing on trees, would we look positively at any proposed bridge? We would,” says Mallon.
“But I think anyone who has any common sense will realise that, when you have a situation where you don’t have enough finances to be switching on broken street lights or filling potholes, or we can’t invest the money that’s required in our waste water infrastructure, to be talking about squandering £20 billion on a bridge between Northern Ireland and Scotland . . . is a complete non-runner.”


theirishtimes--2020-02-23--Clare houses surrounded by water evacuated as rainfall warning

Houses in a Co Clare village have been evacuated as the flooded river Shannon swept around their homes and threatened to burst its banks in other parts of the country .
Met Éireann has issued a status yellow rainfall warning for the majority of the country , including counties along the River Shannon , valid from 8pm on Sunday until 8am Monday morning .
Residents of Springfield , Clonlara , Co Clare , were moved from their homes and around 7,000 sandbags and pumping stations were delivered to ten houses in the village , some of which have been cut @ @ @ @ @ @ @ effectively languished on islands .
Areas included in Sunday night ’ s weather alert are the whole of Connacht , and counties Cavan , Monaghan , Donegal , Dublin , Kildare , Laois , Longford , Louth , Wicklow , Offaly , Westmeath , Meath , Clare , and Tipperary .
The national forecaster has said a spell of heavy rain on Sunday night “ will lead to accumulations of between 20 to 25mm , with higher totals possible in upland areas.
” The heavy rain is to be followed by sleet and @ @ @ @ @ @ @ ground is saturated at the moment and river levels are elevated the combined effect of rainfall and snow melt may lead to some localised surface and river flooding , ” the forecaster warned .
On Saturday , Westmeath County Council said high water levels in Athlone town has led to “ water on the minor roads in the lower parts of the town.
” “ There are no residences at imminent risk and water levels remain approximately 0.8m below the highest level recorded in winter of 2015/16 , ” which saw severe flooding @ @ @ @ @ @ @ “ on the ground carrying out protective works and will continue to deploy defence measures as required and in the expectation that water levels will continue to increase in the coming days.
” Both Galway County Council and Mayo County Council have closed some local roads due to flooding .
Cathaoirleach of Offaly County Council councillor Peter Ormond has requested an emergency meeting of the Birr municipal district to discuss flooding along the Shannon .
Meanwhile in Co Clare , the nightmare of previous devastating floods , in 1995 , 2009 , and @ @ @ @ @ @ @ who have built a sandbag trench around their bungalow in Springfield .
“ It ’ s bringing back hell again .
Politicians just don ’ t seem to care .
You ’ ll get the politicians here when the media arrive , and when they get their faces on the papers and on the television , they go away after that , and that ’ s what they have been doing since 1995 , ” said Mr Quinlivan .
He believes the solution lies in dredging trees and silt on a stretch of @ @ @ @ @ @ @ his home .
However , he said his requests have , so far , fallen on deaf ears .
“ There are two types of people in this country , one that will do it and one will talk about it .
Give me the man that will do it.
” In 2016 , the family spent an exhausting seven weeks , night and day , pumping floodwater away from their home .
Looking over her rear garden fence at a lake of floodwater coming towards her home , Geraldine Quinlivan fought back @ @ @ @ @ @ @ approximately six inches since 9pm last night , and its still rising so , it ’ s a cause of great concern for us , ” she said .
“ It ’ s unfortunate we find ourselves back in the same situation again with nothing done .
“ I was up this morning at 3.30am and my husband got up at 5.30am to check to see what the water levels were like .
We ’ ve just had enough , we can not live like this any more.
” “ It ’ s @ @ @ @ @ @ @ with this and living with this threat every year.
” “ This is not an acceptable way to live , we can ’ t cope with this physically or mentally anymore.
” Springfield is located between the Parteen Weir and Limerick .
The Parteen Weir sluice gates are operated by the ESB , which in the event of increased rainfall and large volumes flowing from Athlone , must in turn release increased discharge flows , which in turn flood communities on the lower Shannon basin .
Plans by Clare County Council to construct @ @ @ @ @ @ @ been put on hold .
“ We need this embankment built .
The time for surveys , talking , and meetings is over , ” Ms Quinlivan said .
“ We need the new government to put an emphasis on flooding , on the misery of flooding and its effects on people .
The new government should make flooding a priority.
” “ It ’ s not rocket science .
We just need it to be done.
” Speaking in Springfield , John Leahy , Clare Council Senior Engineer , said an increase @ @ @ @ @ @ @ overnight which would likely result in floodwaters rising .
“ We ’ ve had crews here all week making preparations .
There are some houses that have been cut off and some of those residents have been put up in local hotels , ” Mr Leahy said .
“ In addition to our own crews working here all week , we have the ( Clare ) Civil Defence here and we also have the Fire Service , and the Army on standby , if we need their assistance.
” “ We ’ d @ @ @ @ @ @ @ that Clare County Council won ’ t be leaving here until the flood has subsided , until the waters have abated around their houses.
” Meanwhile in Leitrim , Finola Armstrong-McGuire , a Fine Gael councillor , said the rising river levels in Carrick-on-Shannon were “ concerning.
” A retail park just outside of Carrick-on-Shannon had seen some flooding , but the town was currently safe and roads were passable , she said .
“ Everyone is on red alert , it will get worse with coming rainfall , ” she said .
@ @ @ @ @ @ @ has burst its banks , and there are threats [ to homes ] , ” she said .

Residents of Springfield, Clonlara, Co Clare, were moved from their homes and around 7,000 sandbags and pumping stations were delivered to ten houses in the village. Photograph: David Raleigh.
Houses in a Co Clare village have been evacuated as the flooded river Shannon swept around their homes and threatened to burst its banks in other parts of the country.
Met Éireann has issued a status yellow rainfall warning for the majority of the country, including counties along the River Shannon, valid from 8pm on Sunday until 8am Monday morning.
Residents of Springfield, Clonlara, Co Clare, were moved from their homes and around 7,000 sandbags and pumping stations were delivered to ten houses in the village, some of which have been cut off from roads, and are now effectively languished on islands.
Areas included in Sunday night’s weather alert are the whole of Connacht, and counties Cavan, Monaghan, Donegal, Dublin, Kildare, Laois, Longford, Louth, Wicklow, Offaly, Westmeath, Meath, Clare, and Tipperary.
READ MORE
The national forecaster has said a spell of heavy rain on Sunday night “will lead to accumulations of between 20 to 25mm, with higher totals possible in upland areas.” The heavy rain is to be followed by sleet and snow in parts.
“As the ground is saturated at the moment and river levels are elevated the combined effect of rainfall and snow melt may lead to some localised surface and river flooding,” the forecaster warned.
Flooding in Carrick-on-Shannon, Co Leitrim on Sunday. Photograph: Ronan McGreevy/The Irish Times.
On Saturday, Westmeath County Council said high water levels in Athlone town has led to "water on the minor roads in the lower parts of the town."
“There are no residences at imminent risk and water levels remain approximately 0.8m below the highest level recorded in winter of 2015/16,” which saw severe flooding.
The local authority said staff were “on the ground carrying out protective works and will continue to deploy defence measures as required and in the expectation that water levels will continue to increase in the coming days.”
Both Galway County Council and Mayo County Council have closed some local roads due to flooding.
Cathaoirleach of Offaly County Council councillor Peter Ormond has requested an emergency meeting of the Birr municipal district to discuss flooding along the Shannon.
Localised flooding has closed the Clonown Road in Athlone this week. Photograph: Laura Hutton/The Irish Times.
‘It’s bringing back hell again’
Meanwhile in Co Clare, the nightmare of previous devastating floods, in 1995, 2009, and 2016 returned for Joe and Geraldine Quinlivan who have built a sandbag trench around their bungalow in Springfield.
“It’s bringing back hell again. Politicians just don’t seem to care. You’ll get the politicians here when the media arrive, and when they get their faces on the papers and on the television, they go away after that, and that’s what they have been doing since 1995,” said Mr Quinlivan.
He believes the solution lies in dredging trees and silt on a stretch of the River Shannon about a mile from his home. However, he said his requests have, so far, fallen on deaf ears.
“There are two types of people in this country, one that will do it and one will talk about it. Give me the man that will do it.”
In 2016, the family spent an exhausting seven weeks, night and day, pumping floodwater away from their home.
Everyone is on red alert, it will get worse with coming rainfall
Looking over her rear garden fence at a lake of floodwater coming towards her home, Geraldine Quinlivan fought back tears.
“The water has risen approximately six inches since 9pm last night, and its still rising so, it’s a cause of great concern for us,” she said.
“It’s unfortunate we find ourselves back in the same situation again with nothing done.
“I was up this morning at 3.30am and my husband got up at 5.30am to check to see what the water levels were like. We’ve just had enough, we cannot live like this any more.”
“It’s not good enough we are putting up with this and living with this threat every year.”
“This is not an acceptable way to live, we can’t cope with this physically or mentally anymore.”
Embankment
Springfield is located between the Parteen Weir and Limerick. The Parteen Weir sluice gates are operated by the ESB, which in the event of increased rainfall and large volumes flowing from Athlone,must in turn release increased discharge flows, which in turn flood communities on the lower Shannon basin.
Plans by Clare County Council to construct a nearby embankment and pumping station have been put on hold.
“We need this embankment built. The time for surveys, talking, and meetings is over,” Ms Quinlivan said.
“We need the new government to put an emphasis on flooding, on the misery of flooding and its effects on people. The new government should make flooding a priority.”
“It’s not rocket science. We just need it to be done.”
Speaking in Springfield, John Leahy, Clare Council Senior Engineer, said an increase in rainfall was forecast for the area overnight which would likely result in floodwaters rising.
“We’ve had crews here all week making preparations. There are some houses that have been cut off and some of those residents have been put up in local hotels,” Mr Leahy said.
“In addition to our own crews working here all week, we have the (Clare) Civil Defence here and we also have the Fire Service, and the Army on standby, if we need their assistance.”
“We’d like to reassure the people of Springfield/Clonlara that Clare County Council won’t be leaving here until the flood has subsided, until the waters have abated around their houses.”
Flooding in Carrick-on-Shannon, Co Leitrim on Sunday. Photograph: Ronan McGreevy/The Irish Times.
Meanwhile in Leitrim, Finola Armstrong-McGuire, a Fine Gael councillor, said the rising river levels in Carrick-on-Shannon were "concerning."
A retail park just outside of Carrick-on-Shannon had seen some flooding, but the town was currently safe and roads were passable, she said.
“Everyone is on red alert, it will get worse with coming rainfall,” she said.
“It is concerning ... The river has burst its banks, and there are threats [to homes],” she said.


theirishtimes--2020-02-24--Explainer: absence of clear law on data retention key to Dwyer appeal

A dispute over the meaning and effect of decisions of the Court of Justice of the EU concerning the validity of general mobile phone data retention regimes is at the centre of the Graham Dwyer case .
Under pressure from the CJEU , Ireland introduced the Communications ( Retention of Data ) Act in 2011 to give effect to a 2006 EU Directive , the Data Retention Directive .
This Directive was introduced following a series of significant terrorist attacks across Europe and it obliged member states to have a data retention regime in place .
The Directive was subject @ @ @ @ @ @ @ by Digital Rights Ireland , and was struck down by the CJEU in 2014 as invalid .
The CJEU ruled that the absence of clear and precise rules concerning its scope and application , and of minimum safeguards to protect personal data , disproportionately interfered with privacy and data protection rights under the Charter of Fundamental Rights of the EU .
In the intervening years , gardaí investigating a range of serious crimes , including the murder of Elaine O ’ Hara , whose remains were found in 2013 , had sought and @ @ @ @ @ @ @ the 2011 Act .
Telecommunications metadata is subscriber , traffic and location data , but not the content , of phone and internet communications .
It is used for investigating crime , safeguarding national security and protecting human life .
The State maintained , unless there is a general retention regime for phone and internet metadata that gardaí can access , serious crimes including Ms O ’ Hara ’ s murder could remain unsolved .
After his 2015 conviction for the murder of Ms O ’ Hara , Dwyer challenged the retention and @ @ @ @ @ @ @ formed a significant part of the evidence at his trial .
He argued the 2011 Act breached his privacy rights under the Constitution , the European Convention on Human Rights and EU law .
In December 2018 , the High Court found the 2011 Act breached EU law because ( 1 ) it provided for general and indiscriminate retention of data and ( 2 ) there were inadequate safeguards for access to retained data , particularly as gardaí controlled who got access and there was no proper review of access by a court @ @ @ @ @ @ @ Court granted a declaration , which remains suspended pending the Supreme Court appeal , that a provision of the 2011 Act relating to retained phone data was inconsistent with Article 15.1 of a 2002 e-Privacy Directive [ permitting member states adopt laws for retention of data for a limited period for purposes including investigation of serious crime ] , when read in light of a number of articles of the Charter of Fundamental Rights .
The High Court analysed a number of CJEU decisions before concluding the CJEU had held that EU law @ @ @ @ @ @ @ purpose of fighting crime , provides for general and indiscriminate retention of telecoms metadata .
In the Supreme Court , Dwyer ’ s lawyers argued the High Court had correctly interpreted the CJEU decisions .
They argued the State had failed to properly respond to the striking down of the Directive and to a 2017 report by former Chief Justice John Murray which was critical of the State ’ s data retention regime .
The State ’ s core position in the appeal was that EU law does not preclude the State having @ @ @ @ @ @ @ for in the 2011 Act for the purpose of fighting serious crime and thus there was no need to refer the case to the CJEU .
It argued the CJEU has distinguished between “ crime ” and “ serious crime ” and the High Court , had wrongly concluded the 2011 Act , in putting in place a regime of general data retention for the purpose of fighting serious crime , was inconsistent with EU law .
It insisted data preservation is not an effective alternative as that is only useful if suspects @ @ @ @ @ @ @ retention could assist in identify suspects who , like Dwyer , were previously unknown to the authorities , it argued .
Its back up position was that , if the Supreme Court considered it is uncertain whether EU law precludes such a regime , the Irish court was obliged to make a reference .
Following the 2014 striking down of the 2006 Directive , a number of national courts had referred questions to the CJEU concerning the status of national data retention measures .
The State urged the Supreme Court to interpret the @ @ @ @ @ @ @ of the specific national measures which formed the basis for the references .
The Supreme Court , when the appeal was heard in December , also heard references were then pending before the CJEU in which courts of other member states had asked whether Article 15.1 of the e-privacy Directive precluded data retention laws of general application , including laws aimed at fighting serious crime .
On Monday the Supreme Court referred referred key issues in Dwyer ’ s mobile phone data retention case to the European Court of Justice .

A dispute over the meaning and effect of decisions of the Court of Justice of the EU concerning the validity of general mobile phone data retention regimes is at the centre of the Graham Dwyer case.
Under pressure from the CJEU, Ireland introduced the Communications (Retention of Data) Act in 2011 to give effect to a 2006 EU Directive, the Data Retention Directive.
This Directive was introduced following a series of significant terrorist attacks across Europe and it obliged member states to have a data retention regime in place.
The Directive was subject to legal challenges, including in proceedings by Digital Rights Ireland, and was struck down by the CJEU in 2014 as invalid.
READ MORE
The CJEU ruled that the absence of clear and precise rules concerning its scope and application, and of minimum safeguards to protect personal data, disproportionately interfered with privacy and data protection rights under the Charter of Fundamental Rights of the EU.
In the intervening years, gardaí investigating a range of serious crimes, including the murder of Elaine O’Hara, whose remains were found in 2013, had sought and secured access to telecoms metadata retained under the 2011 Act.
Telecommunications metadata is subscriber, traffic and location data, but not the content, of phone and internet communications.
It is used for investigating crime, safeguarding national security and protecting human life.
Unsolved
The State maintained, unless there is a general retention regime for phone and internet metadata that gardaí can access, serious crimes including Ms O’Hara’s murder could remain unsolved.
After his 2015 conviction for the murder of Ms O’Hara, Dwyer challenged the retention and accessing of certain phone call metadata which formed a significant part of the evidence at his trial.
He argued the 2011 Act breached his privacy rights under the Constitution, the European Convention on Human Rights and EU law.
In December 2018, the High Court found the 2011 Act breached EU law because (1) it provided for general and indiscriminate retention of data and (2) there were inadequate safeguards for access to retained data, particularly as gardaí controlled who got access and there was no proper review of access by a court or independent administrative authority.
The High Court granted a declaration, which remains suspended pending the Supreme Court appeal, that a provision of the 2011 Act relating to retained phone data was inconsistent with Article 15.1 of a 2002 e-Privacy Directive [permitting member states adopt laws for retention of data for a limited period for purposes including investigation of serious crime] , when read in light of a number of articles of the Charter of Fundamental Rights.
The High Court analysed a number of CJEU decisions before concluding the CJEU had held that EU law precluded national legislation which, for the purpose of fighting crime, provides for general and indiscriminate retention of telecoms metadata.
Correctly interpreted
In the Supreme Court, Dwyer’s lawyers argued the High Court had correctly interpreted the CJEU decisions.
They argued the State had failed to properly respond to the striking down of the Directive and to a 2017 report by former Chief Justice John Murray which was critical of the State's data retention regime.
The State’s core position in the appeal was that EU law does not preclude the State having a general data retention regime as provided for in the 2011 Act for the purpose of fighting serious crime and thus there was no need to refer the case to the CJEU.
It argued the CJEU has distinguished between “crime” and “serious crime” and the High Court, had wrongly concluded the 2011 Act, in putting in place a regime of general data retention for the purpose of fighting serious crime, was inconsistent with EU law.
It insisted data preservation is not an effective alternative as that is only useful if suspects were known to the authorities. Data retention could assist in identify suspects who, like Dwyer, were previously unknown to the authorities, it argued.
Its back up position was that, if the Supreme Court considered it is uncertain whether EU law precludes such a regime, the Irish court was obliged to make a reference.
Following the 2014 striking down of the 2006 Directive, a number of national courts had referred questions to the CJEU concerning the status of national data retention measures.
The State urged the Supreme Court to interpret the judgments in those cases in the context of the specific national measures which formed the basis for the references.
The Supreme Court, when the appeal was heard in December, also heard references were then pending before the CJEU in which courts of other member states had asked whether Article 15.1 of the e-privacy Directive precluded data retention laws of general application, including laws aimed at fighting serious crime.
On Monday the Supreme Court referred key issues in Dwyer’s mobile phone data retention case to the European Court of Justice.


theirishtimes--2020-02-24--Thirty six senior Garda approved for early retirement

Garda Commissioner Drew Harris has signed off on early retirement packages for 36 senior members of the force as part of restructuring and reform initiatives .
The gardaí were informed last week their applications for early retirement had been approved and that they will receive an extra six month ’ s pay in addition to their standard pension and lump sum entitlements .
Twenty eight superintendents , six chief superintendents , one assistant commissioner and one civilian executive director will take up the offer .
Assistant Commissioner for the Dublin region Pat Leahy and executive director of finance and services @ @ @ @ @ @ @ members to take the package .
The terms of the package were approved by Cabinet in December and eligible candidates were chosen by Mr Harris .
The early retirements are part of efforts to implement the recommendations of the Commission on the Future of Policing which put forward a wide-ranging programme of reform in its report in 2018 .
The first round of retirements will take place in April .
They will involve a significant loss of experience and institutional memory for the Garda .
Most members taking the package have at least @ @ @ @ @ @ @ the organisational restructuring of the force , which involves a reduction in the number of Garda divisions , the positions , with the exception of the assistant commissioner and executive director roles , will not be replaced .
Under the new Garda Operating Model the country will be divided into 19 policing divisions , down from 28 .
The internal competition for Mr Leahy ’ s replacement has already begun .
Garda management and the Department of Justice originally planned to grant a maximum of 30 early retirements but this was increased to @ @ @ @ @ @ @ Those taking up the package will be barred from rejoining the Garda , both as civilians and as sworn members .
The retirement packages , which were available only to officers at the rank of superintendent or above , will cost more than €6.5 million .

Garda Commissioner Drew Harris has signed off on early retirement packages for 36 senior members of the force. Photograph: Tom Honan/ The Irish Times
Garda Commissioner Drew Harris has signed off on early retirement packages for 36 senior members of the force as part of restructuring and reform initiatives.
The gardaí were informed last week their applications for early retirement had been approved and that they will receive an extra six month’s pay in addition to their standard pension and lump sum entitlements.
Twenty eight superintendents, six chief superintendents, one assistant commissioner and one civilian executive director will take up the offer.
Assistant Commissioner for the Dublin region Pat Leahy and executive director of finance and services Michael Culhane are the two most senior members to take the package.
READ MORE
The terms of the package were approved by Cabinet in December and eligible candidates were chosen by Mr Harris.
The early retirements are part of efforts to implement the recommendations of the Commission on the Future of Policing which put forward a wide-ranging programme of reform in its report in 2018.
The first round of retirements will take place in April. They will involve a significant loss of experience and institutional memory for the Garda. Most members taking the package have at least 30 years experience.
As part of the organisational restructuring of the force, which involves a reduction in the number of Garda divisions, the positions, with the exception of the assistant commissioner and executive director roles, will not be replaced.
Under the new Garda Operating Model the country will be divided into 19 policing divisions, down from 28.
The internal competition for Mr Leahy’s replacement has already begun.
Garda management and the Department of Justice originally planned to grant a maximum of 30 early retirements but this was increased to 36 after more than expected applied.
Those taking up the package will be barred from rejoining the Garda, both as civilians and as sworn members.
The retirement packages, which were available only to officers at the rank of superintendent or above, will cost more than €6.5 million.


theirishtimes--2020-02-24--Forecast for the week: More rain and bitterly cold weather expected

Another wet and cold week is in store with rainfall levels above normal though not on the scale of recent weeks .
The forecast model suggests rainfall will be between 125 and 250 per cent above normal though that may be revised downwards by Met Éireann .
Only in the south coast , which has not been affected by flooding , will rainfall be lower than normal .
It will remain windy and with lower temperatures than normal with the chance of sleet and snow in some places .
“ It is unsettled , but it is not as bad @ @ @ @ @ @ @ is a more showery outlook , ” said Met Éireann forecaster Liz Gavin .
“ My main concern is for frost and ice everywhere this week which is going to make driving conditions difficult .
“ It will be definitely colder than of late , but it will be a showery regime .
It is not going to improve things drastically , but there are some opportunities for it ( river levels ) to recover a little bit .
“ At the moment there is a lot of low pressure around next weekend @ @ @ @ @ @ @ woods with the risk of more rain coming .
The next few days are more showery so rainfall levels won ’ t be what they are like last week , but showers can top up the flooding.
” Monday will be a drier day than of late with some sleet and snow in parts of the north and northwest .
It will be cold on Monday with minimum temperatures approaching freezing .
Tuesday will be very cold and windy , with sunny spells and scattered showers .
Some of the showers may be @ @ @ @ @ @ @ risk of some snow showers , mainly over high ground .
Tuesday will be another cold night .
“ The air moving into the northwest is much colder , ” explained Ms Gavin .
“ There are showers in it and some will turn wintery into tomorrow .
It is quite an unstable flow.
” There could be treacherous road conditions during Tuesday into Tuesday night .
On Wednesday , there will be scattered showers mainly over high ground .
There is a possibility of heavy rain on Thursday night and it will @ @ @ @ @ @ @ indications suggest that it will remain very cold and unsettled for the end of the week and the weekend , with a risk of further wintry precipitation and with a risk of frost at night .
There will be dry , bright intervals also .

Another wet and cold week is in store with rainfall levels above normal though not on the scale of recent weeks.
The forecast model suggests rainfall will be between 125 and 250 per cent above normal though that may be revised downwards by Met Éireann.
Only in the south coast, which has not been affected by flooding, will rainfall be lower than normal.
It will remain windy and with lower temperatures than normal with the chance of sleet and snow in some places.
READ MORE
"It is unsettled, but it is not as bad as it was last week. It is a more showery outlook," said Met Éireann forecaster Liz Gavin.
“My main concern is for frost and ice everywhere this week which is going to make driving conditions difficult.
“It will be definitely colder than of late, but it will be a showery regime. It is not going to improve things drastically, but there are some opportunities for it (river levels) to recover a little bit.
“At the moment there is a lot of low pressure around next weekend. We are not out of the woods with the risk of more rain coming. The next few days are more showery so rainfall levels won’t be what they are like last week, but showers can top up the flooding.”
Monday
Monday will be a drier day than of late with some sleet and snow in parts of the north and northwest. It will be cold on Monday with minimum temperatures approaching freezing.
Tuesday
Tuesday will be very cold and windy, with sunny spells and scattered showers. Some of the showers may be of hail and sleet, with a risk of some snow showers, mainly over high ground. Tuesday will be another cold night. “The air moving into the northwest is much colder,” explained Ms Gavin. “There are showers in it and some will turn wintery into tomorrow. It is quite an unstable flow.”
There could be treacherous road conditions during Tuesday into Tuesday night.
Wednesday
On Wednesday, there will be scattered showers mainly over high ground.
Thursday
There is a possibility of heavy rain on Thursday night and it will remain cold.
Friday
Further outlook: Current indications suggest that it will remain very cold and unsettled for the end of the week and the weekend, with a risk of further wintry precipitation and with a risk of frost at night. There will be dry, bright intervals also.


theirishtimes--2020-02-24--Coronavirus: Irish citizens advised not to travel to Italy’s affected areas

Irish citizens have been advised by the Department of Foreign Affairs not to travel to areas of Italy affected by a coronavirus outbreak .
In revised travel advice issued on Monday , the department notes the increase in the number of confirmed cases of coronavirus in Italy , and the restriction imposed by the Italian authorities in specific parts of the north of the country .
The Department says travellers , in order to ascertain whether their destination in Italy is in an affected area , should consult with their transport and accommodation providers , the regional government website of @ @ @ @ @ @ @ they are in Italy , call 1500 .
The advice follows news of four deaths in Italy and the first major travel restrictions to be imposed in Europe .
Northern Italy has seen more than 50,000 people in a number of towns in the Veneto and Lombardy regions quarantined .
Italian officials have cancelled sporting events , closed schools and businesses and cut short the Venice carnival .
Italian officials have cancelled sporting events , closed schools and businesses and cut short the Venice carnival .
The European Centre for Disease Control ( @ @ @ @ @ @ @ afternoon .
Earlier on Monday , the Department of Health ’ s chief medical officer Dr Tony Holohan said Ireland is well prepared for the coronvirus .
“ We ’ ve been working for a number of weeks now since this began , to put in place the arrangements we have that have helped us to prepare our system to identify cases at an early stage .
.
.
Were a case to arise , and no cases have occurred in this country as yet , measures will be put in place to @ @ @ @ @ @ @ Dr Holohan said the Department of Health has been monitoring the international situation “ very closely ” .
“ As part of the international community that we work with on this , specifically the European Centre for Disease Control ( ECDC ) , we ’ ll be monitoring and updating the advice and guidance that we give to the health services , with regard to travel advice , ” he told Newstalk Breakfast .
“ Anybody who has travelled and is concerned , who experiences symptoms of common cold or flu like symptoms @ @ @ @ @ @ @ telephone , not to attend , and to be guided from there .
Anybody who has queries and concerns can contact HSELive , which is providing information on continuous basis , on 1850 24 1850 “ There is still a belief that this may be possible , but what we ’ ve seen in Italy over the course of recent days , which is a number of specific locations where cases have arisen in people where there is no documented travel history , that gives us reason to believe that there is community @ @ @ @ @ @ @ world and for that reason the ECDC convened an extraordinary meeting this afternoon at which some of these kind of issues are going to be looked at and where I anticipate the public health advice that we ’ ll be giving to people in respect of Italy is likely to change .
“ Anybody who is contemplating travel to that part of the world should remain abreast of the situation , ” he said .
Meanwhile two Irish citizens have arrived at a quarantine block near Liverpool in England after being evacuated from @ @ @ @ @ @ @ Japan .
They were among a group of 32 people - the rest of whom are British nationals - who arrived at the centre on Saturday .
Four of the group have tested positive for coronavirus , according to British officials .
Across the world , the number of cases of the virus , Covid-19 , has begun to mount .
South Korea went on high alert after the number of infections surged over 600 , with six deaths .
Iran has reported 43 cases , with eight deaths .
However , in @ @ @ @ @ @ @ of cases , authorities reported 648 new infections – higher than a day earlier – but only 18 were outside of Hubei province , the lowest number outside the epicentre since authorities began publishing data a month ago and locked down large parts of the country .
China has now relaxed restrictions on movements in several places .
The virus has killed 2,442 people in China , which has reported 76,936 cases , and has cut growth in the world ’ s second-largest economy .

Almost a dozen towns in northern Italy are on lockdown as the worst coronavirus outbreak in Europe continues to grow. Video: Reuters
Irish citizens have been advised by the Department of Foreign Affairs not to travel to areas of Italy affected by a coronavirus outbreak.
In revised travel advice issued on Monday, the department notes the increase in the number of confirmed cases of coronavirus in Italy, and the restriction imposed by the Italian authorities in specific parts of the north of the country.
The department says travellers, in order to ascertain whether their destination in Italy is in an affected area, should consult the government website of the region in question or, if they are in Italy, call 1500.
The advice follows news of six deaths in Italy and the first major travel restrictions to be imposed in Europe. Northern Italy has seen more than 50,000 people in a number of towns in the Veneto and Lombardy regions quarantined. Italian officials have cancelled sporting events, closed schools and businesses and cut short the Venice carnival. Italian officials have cancelled sporting events, closed schools and businesses and cut short the Venice carnival.
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See Statista.com
Case in Ireland
The chances of a coronavirus case occurring in Ireland have “significantly increased” in light of the Italian outbreak with the State now preparing for the likelihood that there “could well be a case in Ireland in the coming days and weeks”, Minister for Health Simon Harris said on Monday.
Mr Harris’s comments followed a special meeting of the national public health emergency team on Sunday night in relation to the spread of the virus in Europe.
He said a number of his department officials were taking part in European level meetings on Monday while the national public health emergency team would meet again on Tuesday.
Isolation facilities have been made available by the HSE in all hospitals while the necessary additional funding will be provided if a case does occur, he added.
Reviews of mass gatherings are also set to take place in the coming days, particularly the Ireland-Italy Six Nations rugby match, which is scheduled to take place in Dublin’s Aviva stadium on March 7th, the Minister said.
Asked whether there were plans to cancel St Patrick’s Day events in March, Mr Harris said all mass gatherings were being kept under review but there were no plans to cancel events yet.
“The rugby game is something that needs considerable consideration,” he said. “This situation is evolving. The weekend’s activities have shown that there is still an awful lot unknown about the coronavirus and about the path it might take.”
In relation to possible airport screenings, Mr Harris said public health doctors were “working around the clock” on the issue while Ireland was following World Health Organisation and the European Centre for Disease Prevention and Control (ECDC) and control for guidelines and advice.
It’s important that the EU responds to the health emergency in a “uniform way” to avoid mass confusion, said Mr Harris.
“Any action Ireland takes will be based on health evidence as opposed to being seen to be doing something for the sake of doing something.”
He urged any person who had become unwell after coming into contact with anyone with coronavirus or who had recently been in a region affected by the virus to contact their GP by phone. The ECDC convenes an emergency meeting this afternoon.
Italian carabinieri officers stand guard outside a town closed by the government due to coronavirus. Photograph: Guglielmo Mangiapane/Reuters
‘Well prepared’
Earlier on Monday, the Department of Health’s chief medical officer Dr Tony Holohan said Ireland is well prepared for the coronavirus.
“We’ve been working for a number of weeks now since this began, to put in place the arrangements we have that have helped us to prepare our system to identify cases at an early stage . . . Were a case to arise, and no cases have occurred in this country as yet, measures will be put in place to stop the spread to other people,” he told Newstalk Breakfast.
Meanwhile two Irish citizens have arrived at a quarantine block near Liverpool in England after being evacuated from the Diamond Princess cruise ship moored off Japan. They were among a group of 32 people – the rest of whom are British nationals – who arrived at the centre on Saturday. Four of the group have tested positive for coronavirus, according to British officials.
It is understood that a number of secondary schools across Ireland have decided to cancel school trips to Italy in light of the latest travel advice.
Alexandra College in Dublin confirmed it had cancelled the school’s annual trip for transition year students to Italy after a teacher, who organised the trip and is from Italy, consulted with local Italian authorities.
Tourists wearing protective facemasks visit the Piazza San Marco, in Venice, on Monday during the usual period of the Carnival festivities which the last two days have been cancelled due to an outbreak of the COVID-19. Photograph: (Andrea Pattaro/AFP via Getty Images)
Holidays
Irish holiday makers are also reportedly cancelling trips to Italy. In some cases these included bookings for holidays that are not due to take place until the summer.
One reader recalled how three travellers chose to leave their Aer Lingus flight to Milan shortly before it took off on Saturday because of coronavirus fears.
There was no announcement by the airline, “but the couple in front of me, who were consulting their phones, asked to speak to the air steward”, said Aoife, a passenger on the flight who preferred not to give her surname.
“She handled it very discreetly, sat down beside them for a chat, then they left the aircraft before the doors were shut.” A third person followed after consulting with the steward.
“On arrival in Italy, a machine manned by medical staff scanned us for temperature - they have been doing that in Milan for 10 days or more,” Aoife said.
One Irish man who spoke on RTÉ's Liveline programme was surprised to discover immigration officials in Dublin airport were not wearing face masks upon his arrival back in Ireland from South Korea at the weekend.
He said he contacted the HSE after discovering that some of his colleagues at the institute where he works in South Korea had been diagnosed with the coronavirus. He spoke with a HSE medical professional on the phone who assured him that he should be ok as he did not have “prolonged contact” with those infected.
“I feel like I’m in limbo, I don’t know what I should do for the next week or two,” he said, adding that he was concerned about vulnerable family members with compromised immune systems.
Two women wearing a protective facemask walk across the Piazza del Duomo, in front of the Duomo, in central Milan on Monday. Photograph: Andreas Solaro/AFP via Getty Images
Cases mount
Across the world, the number of cases of the virus, Covid-19, has begun to mount. South Korea went on high alert after the number of infections surged over 600, with six deaths. Iran has reported 43 cases, with eight deaths. However, in China which has seen the vast majority of cases, authorities reported 648 new infections – higher than a day earlier – but only 18 were outside of Hubei province, the lowest number outside the epicentre since authorities began publishing data a month ago and locked down large parts of the country.
China has now relaxed restrictions on movements in several places. The virus has killed 2,442 people in China, which has reported 76,936 cases, and has cut growth in the world’s second-largest economy.


theirishtimes--2020-02-24--Two men die in separate overnight road crashes

Two men have died in separate road traffic collisions overnight , gardaí have confirmed .
A man in his 40s died after his car apparently hit a ditch in Co Wicklow .
The incident occurred on the L2166 near Glenealy Village , Co Wicklow at about 7.50pm on Sunday evening .
The man was the only occupant of the vehicle and gardaí and emergency services attended the scene .
On Sunday , the L2166 was closed for an investigation by Garda Forensic Collision Investigators and local diversions are in place .
Gardaí are appealing to anyone who may have information @ @ @ @ @ @ @ with camera footage who were travelling on the L2166 this evening , to contact Ashford Garda station on 0404 49220 , the Garda Confidential Line on 1800 666 111 or any Garda station .
Meanwhile , a 32-year-old motorcyclist died following a collision between a motorcycle and a car in Co Kilkenny on Sunday night .
At approximately 8.45pm , a collision involving a motorcycle and a car occurred on the N10 at Templemartin , Co Kilkenny .
The motorcyclist was pronounced dead at the scene , while the occupants of the car @ @ @ @ @ @ @ Hospital , Co Kilkenny , with non-life threatening injuries .
The local coroner was notified and the deceased has since been removed to the mortuary at University Hospital Waterford where a postmortem examination will be carried out .
A full examination of the crash site and vehicles involved will be carried out by Garda Forensic Collison Investigators on Monday morning .
As a result of the collision , a number of road closures are in place .
Both north bound and south bound exits on M9 at J8 Kilkenny at Templemartin are currently @ @ @ @ @ @ @ at J7 Paulstown or J9 Danesfort .
The N10 is also closed at the roundabout on Hebron Road on the Ring Road in Kilkenny City .
Gardaí are appealing to anyone who may have information regarding the collision , particularly any road users with camera footage who were travelling on the N10 at the time , to contact Kilkenny Garda station 056-7775000 , the Garda Confidential Line on 1800 666 111 or any Garda station .

Gardaí are appealing to anyone who may have information regarding either crash to contact them. File photograph: Brian Lawless/PA Wire
Two men have died in separate road traffic collisions overnight, gardaí have confirmed.
A man in his 40s died after his car apparently hit a ditch in Co Wicklow.
The incident occurred on the L2166 near Glenealy Village, Co Wicklow at about 7.50pm on Sunday evening.
The man was the only occupant of the vehicle and gardaí and emergency services attended the scene.
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On Sunday, the L2166 was closed for an investigation by Garda Forensic Collision Investigators and local diversions are in place.
Gardaí are appealing to anyone who may have information regarding the collision, particularly road users with camera footage who were travelling on the L2166 this evening, to contact Ashford Garda station on 0404 49220, the Garda Confidential Line on 1800 666 111 or any Garda station.
Meanwhile, a 32-year-old motorcyclist died following a collision between a motorcycle and a car in Co Kilkenny on Sunday night.
At approximately 8.45pm, a collision involving a motorcycle and a car occurred on the N10 at Templemartin, Co Kilkenny.
The motorcyclist was pronounced dead at the scene, while the occupants of the car were taken to St Luke’s Hospital, Co Kilkenny, with non-life threatening injuries.
The local coroner was notified and the deceased has since been removed to the mortuary at University Hospital Waterford where a postmortem examination will be carried out.
A full examination of the crash site and vehicles involved will be carried out by Garda Forensic Collison Investigators on Monday morning.
As a result of the collision, a number of road closures are in place.
Both north bound and south bound exits on M9 at J8 Kilkenny at Templemartin are currently closed and Kilkenny bound traffic should exit at J7 Paulstown or J9 Danesfort.
The N10 is also closed at the roundabout on Hebron Road on the Ring Road in Kilkenny City.
Gardaí are appealing to anyone who may have information regarding the collision, particularly any road users with camera footage who were travelling on the N10 at the time, to contact Kilkenny Garda station 056-7775000, the Garda Confidential Line on 1800 666 111 or any Garda station.


theirishtimes--2020-02-24--Graham Dwyer phone data appeal referred to European Court of Justice

The Supreme Court , by a six to one majority , has decided to refer key issues in convicted murderer Graham Dwyer ’ s mobile phone data retention case to the EU Court of Justice .
Although the State ’ s appeal over a far-reaching High Court finding that a 2011 law permitting phone data to be used in his trial breaches EU law will not be fully decided by the Supreme Court until the CJEU rules , the Chief Justice Frank Clarke expressed important preliminary views today with which six of his colleagues agreed .
Those included a view @ @ @ @ @ @ @ limited ” retention of phone data is not in itself incompatible with EU law but there must be a “ particular robust ” access system in place which includes having independent prior permission for such access .
The current Irish access system does not meet that standard , the Chief Justice said .
Another important preliminary view , including for the purpose of Dwyer ’ s separate appeal over his 2015 conviction for the murder of Elaine O ’ Hara , was that national courts have power to decide that any declaration of @ @ @ @ @ @ @ be prospective and apply from the date of the court judgment to that effect .
Because the High Court finding of invalidity was made in 2018 , that suggests , if the preliminary view stands , the data relevant to Dwyer would have been legally retained and accessed .
The Chief Justice stressed on Monday that the Supreme Court did not concern Dwyer ’ s separate conviction appeal and only concerned the High Court finding that provisions of the Telecommunications ( Retention of Data ) Act 2011 breach EU law because it allowed @ @ @ @ @ @ @ including a prior independent overview of access requests .
Each of the preliminary views expressed in this case involved consideration of difficult issues of EU law , the Chief Justice said .
The Supreme Court is obliged , under the EU Treaties and case law of the Court of Justice , to make a referral on any issue of EU aw which is necessary to decide proceedings unless there is a “ clear ” answer to that issue of EU law .
He was not satisfied the answer to any of the issues @ @ @ @ @ @ @ court would therefore make a reference to the CJEU .
A draft reference document was provided to the lawyers for the sides and they now have seven days to make observations on that before it is finalised .
Mr Justice Donal O ’ Donnell , Mr Justice Liam McKechnie , Mr Justice John MacMenamin , Ms Justice Iseult O ’ Malley and Ms Justice Mary Irvine all agreed with the Chief justice while Mr Justice Peter Charleton dissented .
He said this case was all about excluding “ vital ” metadata and Ireland @ @ @ @ @ @ @ for the exclusion of evidence .
He said issues of proportionality of a legislative measure impinging on guaranteed rights should be resolved by national courts and can therefore be resolved in this State .
There was enough evidence before the Supreme Court for a ruling to be made as to whether the High Court decision should be reversed or upheld , he said .
It was also not appropriate to refer cases under Article 267 of the Treaty of the Functioning of the EU which relate to criminal law and which should be @ @ @ @ @ @ @ the protection of rights .
The judgments were delivered on Monday during the first sitting in Waterford of the Supreme Court .
As part of the court ’ s programme of sittings outside Dublin , all nine judges are involved in various hearings and a wider programme of law and education activities in Waterford and Kilkenny over the coming three days .

Convicted murderer Graham Dwyer: challenge to a 2011 data retention law has important implications for the investigation and prosecution of serious crime. Photograph: Cyril Byrne
The Supreme Court, by a six to one majority, is to refer key issues in the State's appeal over convicted murderer Graham Dwyer's mobile phone data retention case to the EU Court of Justice.
The State's appeal over a High Court ruling upholding Dwyer's challenge to a 2011 data retention law has important implications for the investigation and prosecution of serious crime and may also impact on Dwyer's separate appeal over his 2015 conviction for the murder of childcare worker Elaine O'Hara.
Although the State’s appeal will not now be fully decided by the Supreme Court until the CJEU rules, Chief Justice Frank Clarke, who gave the majority judgment on Monday, expressed important preliminary views with which five of his colleagues agreed.
Those included that a system of “universal but limited” retention of phone data is not in itself incompatible with EU law but that there must be a “particularly robust” access system in place which includes having independent prior permission for such access.
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The current Irish access system does not meet that standard, the Chief Justice said.
Declaration of invalidity
Another important preliminary view, including for the purpose of Dwyer’s separate appeal over his murder conviction, was that national courts have power to decide any declaration of invalidity of the 2011 Act should only be prospective – apply from the date of the court declaration of invalidity.
Because the High Court finding that the 2011 Act breached EU law was made in 2018, that could mean, if the preliminary view stands, the data relevant to Dwyer may have been legally retained and accessed.
The Chief Justice stressed on Monday that the Supreme Court appeal did not concern Dwyer’s separate conviction appeal but rather concerned the High Court finding that provisions of the Telecommunications (Retention of Data) Act 2011 breach EU law because it allowed for indiscriminate data retention without adequate safeguards, including prior independent overview of access requests.
Each of the preliminary matters involved consideration of difficult issues of EU law, the Chief Justice said.
EU obligations
The Supreme Court is obliged, under the EU treaties and case law of the Court of Justice, to make a referral on any issue of EU law which is necessary to decide proceedings unless there is a “clear” answer to that issue of EU law.
He was not satisfied the answer to any of the three issues identified in this case was clear and the court would therefore make a reference to the CJEU.
The first issue is whether a system of universal retention of certain types of metadata for a fixed period of time is never permissible irrespective of how robust any regime for allowing access to such data may be.
The second seeks the criteria whereby an assessment can be made concerning whether any access regime to such data can be found to be sufficiently independent and robust.
The third issue is whether a national court, if it finds national data retention and access legislation is inconsistent with EU law, can decide the national law should not be regarded as having been invalid at all times but rather can determine invalidity to be prospective only.
Crucial data
A draft reference document was provided to lawyers for the sides and they have seven days to make observations on that before it is finalised.
Earlier in the main judgment, the Chief Justice said the use of phone data is increasingly crucial to the detection and prosecution of serious crimes, including murder, terrorism and cases involving the grooming of children.
The experience of the Irish courts is that some such cases have only been solved because of the availability of the type of phone metadata at issue in Dwyer’s case and Dwyer’s side had not disputed the importance of such evidence, he said.
If, as Dwyer argued, it is not permissible to have such “universal” retention of data, notwithstanding how robust any regime for access to that data is, then many serious crimes against women, children and other vulnerable persons will not be capable of detection or successful prosecution.
In that context, his view was that alternative forms of data retention, such as geographical targeting, would be ineffective in the prevention, investigation, detection and prosecution of at least certain types of serious crime and could also lead to potential violation of other individual rights.
He also suggested the objective of the retention of data by any lesser means than a general data retention regime, subject to the necessary safeguards, is “unworkable”. The objective of prevention, investigation, detection and prosecution of serious crime would also be “significantly compromised” in the absence of a general data retention regime.
Mr Justice Donal O’Donnell, Mr Justice Liam McKechnie, Mr Justice John MacMenamin, Ms Justice Iseult O’Malley and Ms Justice Mary Irvine all agreed with the Chief Justice.
Dissenting judgment
In his dissenting judgment, Mr Justice Peter Charleton said this case was all about excluding “vital” metadata and Ireland is not part of any legislative obligation for the exclusion of evidence.
Issues of proportionality of a legislative measure impinging on guaranteed rights should be resolved by national courts and there was enough evidence before the Supreme Court for a ruling to be made as to whether the High Court decision should be reversed or upheld, he said.
It was also not appropriate to refer cases under article 267 of the Treaty of the Functioning of the EU which relate to criminal law and which should be resolved by application of a test on the protection of rights, he added.


theirishtimes--2020-02-24--Jury to begin deliberations in trial of Kieran Greene

A jury is expected to begin deliberations on Monday in the trial of a 35-year-old man accused of murdering a retired grandmother , whose dismembered remains were found scattered across the Dublin and Wicklow mountains nearly three years ago .
Mr Justice Paul McDermott will finish charging the jury on Monday in the Central Criminal Court trial of Kieran Greene , who has pleaded not guilty to murdering Patricia O ’ Connor ( 61 ) at her home in Mountainview Park , Rathfarnham , Dublin 14 on May 29 , 2017 .
The deceased ’ s daughter Louise O ’ @ @ @ @ @ @ @ O ’ Connor ( 22 ) , both of Millmount Court , Dundrum Road , Dublin 14 , and Louise O ’ Connor ’ s ex-partner Keith Johnston ( 43 ) , of Avonbeg Gardens , Tallaght , Dublin 24 , are all charged with impeding the apprehension or prosecution of Mr Greene , knowing or believing him to have committed an arrestable offence , to wit the murder of Mrs O ’ Connor on May 29 , 2017 .
The six-week trial heard that the body of Mrs O ’ Connor was @ @ @ @ @ @ @ found at nine different locations over a 30km range in the Dublin and Wicklow mountains between June 10th and 14th , 2017 .

A jury is expected to begin deliberations on Monday in the trial of a 35-year-old man accused of murdering a retired grandmother, whose dismembered remains were found scattered across the Dublin and Wicklow mountains nearly three years ago.
Mr Justice Paul McDermott will finish charging the jury on Monday in the Central Criminal Court trial of Kieran Greene, who has pleaded not guilty to murdering Patricia O'Connor (61) at her home in Mountainview Park, Rathfarnham, Dublin 14 on May 29, 2017.
The deceased's daughter Louise O'Connor (41) and granddaughter Stephanie O'Connor (22), both of Millmount Court, Dundrum Road, Dublin 14, and Louise O'Connor's ex-partner Keith Johnston (43), of Avonbeg Gardens, Tallaght, Dublin 24, are all charged with impeding the apprehension or prosecution of Mr Greene, knowing or believing him to have committed an arrestable offence, to wit the murder of Mrs O'Connor on May 29, 2017.
The six-week trial heard that the body of Mrs O’Connor was dismembered into 15 separate parts that were found at nine different locations over a 30km range in the Dublin and Wicklow mountains between June 10th and 14th, 2017.