theirishtimes--2020-12-22--Home now a no-go for Irish in Australia: 'Knowing you can’t is really hard'

Nine years in Australia and now holding citizenship of the country , Ciara Newport , from New Ross , Co Wexford , lives on the Central Coast of New South Wales with her fiance and two children .
But Ireland is never far from her mind .
“ People are definitely really homesick this year .
Even those who hadn ’ t planned to go home this Christmas , knowing that you can ’ t is really hard , ” she says .
“ We like to get home and just spend a couple of weeks at home every year @ @ @ @ @ @ @ ’ m really missing it big-time this year , ” says Newport , “ There ’ ll be extra FaceTimes and extra tears this year.
” Because she is now an Australian passport-holder , if she had tried to travel to Ireland she would have had to apply to the Australian Border Force for difficult-to-get exemptions to leave .
Currently , however , the Australian government is granting such permits only sparingly – on compassionate grounds if there a death abroad of a family member or if an individual is staying away for @ @ @ @ @ @ @ do not apply to the thousands of Irish citizens in Australia living there on temporary visas .
They can leave at any time .
In most cases , however , they will not be permitted to return .
Locally acquired Covid-19 cases in Australia are now close to zero and social gathering restrictions have eased significantly , so most Christmas celebrations and family gatherings there can go ahead as normal .
Nick Carrigan is a psychiatrist from Clara in Co Kilkenny .
He lives in Bunbury in regional western Australia with his wife @ @ @ @ @ @ @ , who is also a psychiatrist , and their three children .
Usually , the Carrigans return to Kilkenny or Westmeath , or have family travel to them for Christmas .
“ It ’ s been tough , we haven ’ t seen any of them for over a year now .
My parents are a bit older and they ’ re not so good with technology .
“ We phone as often as we can , but it ’ s not the same .
We ’ re lucky here , we don @ @ @ @ @ @ @ many people can gather , so it ’ ll be normal but without family.
” Edwina King , from Tramore in Waterford , is spending Christmas in Australia , too , though she had “ really ” wanted to go home because her partner ’ s sister is having a baby .
“ We were quite sad we couldn ’ t. ” With her business in Perth , King , 10 years in Australia , has no plans to go back to Ireland .
However , many Irish friends have returned .
“ @ @ @ @ @ @ @ people to move home , ” she said .
“ I ’ ve never been homesick ever , I love it in Australia , but I think it ’ s the fact that you ’ re not allowed to go home that makes you want to go more .
It ’ s just the uncertainty and feeling restricted because before you always felt like you could just jump on a plane , ” she added .
The lack of freedom is causing anxiety , says Sydney-based Sarah Whelan , a social worker from @ @ @ @ @ @ @ a group called Irish Women Abroad .
Whelan lives in the New South Wales city with her partner and four-year-old daughter , and is expecting her second child in March .
“ We ’ ve always had this thing , ‘ Oh , if something happens , we ’ ll be home in 24 hours.
’ “ But we can ’ t this year .
A lot of people [ are ] in really difficult situations and they don ’ t know where to turn , ” she said , adding that she @ @ @ @ @ @ @ home will be able to see her new baby next year .
“ It ’ s really shaken people up .
We did have a period of time when we were isolating and indoors and we were thinking , when you strip back all the things we love about Australia , what are we doing here ?
”

Nine years in Australia and now holding citizenship of the country, Ciara Newport, from New Ross, Co Wexford, lives on the Central Coast of New South Wales with her fiance and two children.
But Ireland is never far from her mind. "People are definitely really homesick this year. Even those who hadn't planned to go home this Christmas, knowing that you can't is really hard," she says.
“We like to get home and just spend a couple of weeks at home every year to have that family connection and I’m really missing it big-time this year,” says Newport, “There’ll be extra FaceTimes and extra tears this year.”
Because she is now an Australian passport-holder, if she had tried to travel to Ireland she would have had to apply to the Australian Border Force for difficult-to-get exemptions to leave.
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Currently, however, the Australian government is granting such permits only sparingly – on compassionate grounds if there a death abroad of a family member or if an individual is staying away for more than three months.
Such restrictions do not apply to the thousands of Irish citizens in Australia living there on temporary visas. They can leave at any time. In most cases, however, they will not be permitted to return.
It's been tough, we haven't seen any of them for over a year now. My parents are a bit older and they're not so good with technology
Following a recent outbreak in Sydney’s Northern Beaches, which has swelled to 90 cases, many internal state borders which had only recently re-opened for Christmas, have been closed again. However, for those living in the state of Western Australia, gatherings and celebrations can go ahead as usual.
Nick Carrigan is a psychiatrist from Clara in Co Kilkenny. He lives in Bunbury in regional western Australia with his wife, Allison, from Kilbeggan in Westmeath, who is also a psychiatrist, and their three children.
Usually, the Carrigans return to Kilkenny or Westmeath, or have family travel to them for Christmas. "It's been tough, we haven't seen any of them for over a year now. My parents are a bit older and they're not so good with technology.
“We phone as often as we can, but it’s not the same. We’re lucky here, we don’t have serious restrictions on how many people can gather, so it’ll be normal but without family.”
‘Quite sad’
Edwina King, from Tramore in Waterford, is spending Christmas in Australia, too, though she had "really" wanted to go home because her partner's sister is having a baby. "We were quite sad we couldn't."
With her business in Perth, King, 10 years in Australia, has no plans to go back to Ireland. However, many Irish friends have returned. “Covid has been the driving factor for people to move home,” she said.
“I’ve never been homesick ever, I love it in Australia, but I think it’s the fact that you’re not allowed to go home that makes you want to go more. It’s just the uncertainty and feeling restricted because before you always felt like you could just jump on a plane,” she added.
Sarah Whelan with her daugher, Sophia
The lack of freedom is causing anxiety, says Sydney-based Sarah Whelan, a social worker from Swords, Co Dublin, who runs a group called Irish Women Abroad.
Whelan lives in the New South Wales city with her partner and four-year-old daughter, and is expecting her second child in March. “We’ve always had this thing, ‘Oh, if something happens, we’ll be home in 24 hours.’
“But we can’t this year. A lot of people [are] in really difficult situations and they don’t know where to turn,” she said, adding that she does not know if her family back home will be able to see her new baby next year.
“It’s really shaken people up. We did have a period of time when we were isolating and indoors and we were thinking, when you strip back all the things we love about Australia, what are we doing here?”
Note: this piece has been updated to reflect the fact that Australia has seen an upsurge of Covid-19 cases in the Sydney area


theirishtimes--2020-12-22--Offaly Leader scheme played ‘crucial’ role in the community

“ To get it integrated in your head is the hardest thing of all , ” says Brendan O ’ Loughlin , chief executive of Offaly Local Development Company .
He is speaking of the myriad of different supports available to communities , from grants for job creation to paint for community halls .
In general , each support mechanism is covered by a different government department or EU scheme .
It is Offaly Local Development Company ’ s job to co-ordinate , organise , inform and , crucially , integrate it all for the county .
One of the @ @ @ @ @ @ @ to administer the Offaly Leader scheme .
Leader is a rural development programme with a budget of €250 million over the period 2014-2020 .
As a local action group , Offaly Local Development Company “ delivers ” Leader , approving projects at local level for grants .
Its share of the 2014-2020 Leader budget was €8.5 million .
“ But the role of Leader is massive , ” O ’ Loughlin says .
He mentions the Banagher-based Mid-Ireland Adventure , a start-up company founded by Jonathan O ’ Meara that utilises the natural @ @ @ @ @ @ @ Bloom mountains – and a 50 per cent equipment grant from Leader .
O ’ Meara says : “ Availing of the Leader grant was a huge help in the early stages ; it allowed the business some breathing space in the first couple of years of operation.
” More recently O ’ Meara has opened a second base at Kinnitty in the Slieve Blooms for bike tours and says business , particularly among the corporate team-builders , is booming .
It is the kind of grass-roots business the EU likes to see @ @ @ @ @ @ @ along with 19 other start-ups across Europe – for an EU tourism award .
On the community side , O ’ Loughlin mentions the Leader fund helps to develop facilities such as a gym in Tullamore town park , the Tullamore Outdoor Fitness Zone and similar facilities in Birr ; a community hall upgrade in Aghancon ; the Edenderry Community Cabin ; Kinnitty Playground ; and a tourism training programme .
At Moneygall , Henry Healy , cousin of former US president Barack Obama and manager of Supermac ’ s , says Leader @ @ @ @ @ @ @ in the community .
He cites playgrounds , local walking trails with solar-powered lighting and a remote working hub in the local community centre .
He says without these facilities , the community would be “ disadvantaged ” .
The Offaly Leader programme is one of 29 Leader groups across the State , all supporting similar activities .
But the money runs out this month and because of delays with the EU budget , particularly the Common Agricultural Policy which is the parent of Leader , there will not be a new round @ @ @ @ @ @ @ Loughlin is concerned about the future .
Everybody wants to know what a transitional fund would look like – particularly as some people are on contracts that run out this month .
“ There are a lot of people in rural Ireland depending on Leader , ” he says .

Henry Healy, manager of Supermac’s, Moneygall, says without the facilities funded by the Leader scheme, the community would be ‘disadvantaged’. Photograph: Nick Bradshaw
“To get it integrated in your head is the hardest thing of all,” says Brendan O’Loughlin, chief executive of Offaly Local Development Company. He is speaking of the myriad of different supports available to communities, from grants for job creation to paint for community halls.
In general, each support mechanism is covered by a different government department or EU scheme. It is Offaly Local Development Company’s job to co-ordinate, organise, inform and, crucially, integrate it all for the county.
One of the biggest things Offaly Community Development does is to administer the Offaly Leader scheme.
Leader is a rural development programme with a budget of €250 million over the period 2014-2020. As a local action group, Offaly Local Development Company “delivers” Leader, approving projects at local level for grants. Its share of the 2014-2020 Leader budget was €8.5 million.
READ MORE
“But the role of Leader is massive,” O’Loughlin says. He mentions the Banagher-based Mid-Ireland Adventure, a start-up company founded by Jonathan O’Meara that utilises the natural amenities of the Shannon and the Slieve Bloom mountains – and a 50 per cent equipment grant from Leader.
O’Meara says: “Availing of the Leader grant was a huge help in the early stages; it allowed the business some breathing space in the first couple of years of operation.”
More recently O’Meara has opened a second base at Kinnitty in the Slieve Blooms for bike tours and says business, particularly among the corporate team-builders, is booming. It is the kind of grass-roots business the EU likes to see and O’Meara was nominated – along with 19 other start-ups across Europe – for an EU tourism award.
Community benefits
On the community side, O’Loughlin mentions the Leader fund helps to develop facilities such as a gym in Tullamore town park, the Tullamore Outdoor Fitness Zone and similar facilities in Birr; a community hall upgrade in Aghancon; the Edenderry Community Cabin; Kinnitty Playground; and a tourism training programme.
At Moneygall, Henry Healy, cousin of former US president Barack Obama and manager of Supermac’s, says Leader has played a “crucial” role in the community. He cites playgrounds, local walking trails with solar-powered lighting and a remote working hub in the local community centre. He says without these facilities, the community would be “disadvantaged”.
The Offaly Leader programme is one of 29 Leader groups across the State, all supporting similar activities.
But the money runs out this month and because of delays with the EU budget, particularly the Common Agricultural Policy which is the parent of Leader, there will not be a new round of funding until 2023.
O’Loughlin is concerned about the future. Everybody wants to know what a transitional fund would look like – particularly as some people are on contracts that run out this month. “There are a lot of people in rural Ireland depending on Leader,” he says.


theirishtimes--2020-12-22--Leader Programme jobs funded only until December 31st

Politicians and those involved in rural development have called for clarification after the Government confirmed there would be a two-year gap after the current Leader Programme runs out on December 31st .
Staff at the State ’ s 29 EU-funded Leader groups have been told in advance of Christmas that their jobs have been funded only up to December 31st .
Projects approved for grant aid from the Leader Programme 2014-2020 will continue to run until completion , but there is uncertainty over the level of funding that might be provided under a transitional programme proposed by Minister for Rural @ @ @ @ @ @ @ 2014 to 2020 the Leader Programme was worth €250 million to Ireland – most of it shared out among small communities in rural areas , helping to address issues such as employment and quality of life .
It has funded start-up businesses , rural digital hubs , provided money for restoring old buildings as community halls and funded the development of rural trails and tourist attractions across the State from rural Dublin to rural Kerry .
But delays with the EU budget and particularly with agreement on the Common Agricultural Policy mean the @ @ @ @ @ @ @ begin again until January 2023 .
In response to Dáil questions from Laois-Offaly TD Carol Nolan the Minister said the programme for government included a commitment to “ a State-led programme ” to bridge the gap between the current and next Leader programme and the next EU programme .
Ms Humphreys said the objective was to set up a transitional programme until the new EU programme commences .
In recent days Ms Humphreys confirmed a “ transitional Leader programme ” would be announced soon .
She said it would “ allow for the @ @ @ @ @ @ @ support the administration costs of local action groups ” in closing out the existing programme and delivering the transitional programme .
Departmental officials have also met representatives of local authorities , who are key stakeholders in delivering the Leader Programme .
The transitional programme is currently being finalised on foot of these engagements , and the Minister will make an announcement in relation to the programme shortly .
Séamus Boland , chief executive of the rural support organisation Irish Rural Link said he was looking forward to some clarity from the Minister , @ @ @ @ @ @ @ programme would encompass .
He sounded a note of optimism , saying he did not think staff would be left without wages in the new year , as many local development agencies would be able to transfer them from Leader programmes to other funding channels .
However , Ms Nolan said she had already tabled further questions in the Dáil for Ms Humphreys seeking details of what would be the value of the transitional programme and what would happen to Leader programmes in the interim .
Ms Humphreys is expected to issue a @ @ @ @ @ @ @ weeks .

Politicians and those involved in rural development have called for clarification after the Government confirmed there would be a two-year gap after the current Leader Programme runs out on December 31st.
Staff at the State’s 29 EU-funded Leader groups have been told in advance of Christmas that their jobs have been funded only up to December 31st.
Projects approved for grant aid from the Leader Programme 2014-2020 will continue to run until completion, but there is uncertainty over the level of funding that might be provided under a transitional programme proposed by Minister for Rural and Community Development Heather Humphreys.
From 2014 to 2020 the Leader Programme was worth €250 million to Ireland – most of it shared out among small communities in rural areas, helping to address issues such as employment and quality of life.
READ MORE
It has funded start-up businesses, rural digital hubs, provided money for restoring old buildings as community halls and funded the development of rural trails and tourist attractions across the State from rural Dublin to rural Kerry.
But delays with the EU budget and particularly with agreement on the Common Agricultural Policy mean the multi-annual pot of Leader funding will not begin again until January 2023.
In response to Dáil questions from Laois-Offaly TD Carol Nolan the Minister said the programme for government included a commitment to “a State-led programme” to bridge the gap between the current and next Leader programme and the next EU programme. Ms Humphreys said the objective was to set up a transitional programme until the new EU programme commences.
New applications
In recent days Ms Humphreys confirmed a “transitional Leader programme” would be announced soon.
She said it would “allow for the approval of new project applications and will support the administration costs of local action groups” in closing out the existing programme and delivering the transitional programme.
Departmental officials have also met representatives of local authorities, who are key stakeholders in delivering the Leader Programme.
The transitional programme is currently being finalised on foot of these engagements, and the Minister will make an announcement in relation to the programme shortly.
Séamus Boland, chief executive of the rural support organisation Irish Rural Link said he was looking forward to some clarity from the Minister, on the details of what the transitional programme would encompass. He sounded a note of optimism, saying he did not think staff would be left without wages in the new year, as many local development agencies would be able to transfer them from Leader programmes to other funding channels.
However, Ms Nolan said she had already tabled further questions in the Dáil for Ms Humphreys seeking details of what would be the value of the transitional programme and what would happen to Leader programmes in the interim.


theirishtimes--2020-12-22--Dolphin and seal deaths in Waterford Harbour spur call for inquiry

A total of three common dolphins and four seals have been found dead in Waterford Harbour over the past week , according to the environmental group Coastwatch .
It has called on the Minister for Agriculture , Food and Marine Charlie McConalogue to investigate the possible causes of the loss of so many large sea mammals in a relatively small area .
Some were found in a Natura-protected area close to the mouth of Waterford estuary .
Coastwatch director Karin Dubsky said there were two verified reports of mortalities in the harbour area , and circumstantial evidence they may have @ @ @ @ @ @ @ unintentionally trapped in nets used by boats fishing for sprat in the vicinity .
“ The injuries were in keeping with those one would expect from net injury , ” Ms Dubsky added .
She confirmed she had raised the issue with the Minister and asked him to outline what he proposes to do as a matter of urgency in response to the destruction of dolphins and seals .
Sprat fishing was going on in the area recently , Ms Dubsky added .
Sprat are mostly used in making feed for farmed salmon @ @ @ @ @ @ @ need for sprat fishing to be restricted in the harbour to conserve other species , while much smaller twaite shad and salmon populations were also vulnerable as a consequence of sprat fishing ; an issue flagged “ as long ago as 2015 by the Marine Institute ” .
In December 2018 , following a public consultation process in which more than 900 submissions were received , the then minister for agriculture , food and marine announced vessels over 18 metres would be excluded from trawling in inshore waters inside the six nautical mile @ @ @ @ @ @ @ , 2020 .
A transition period of three years for vessels over 18 metres targeting sprat was allowed to enable adjustment for these vessels , “ as the sprat fishery is concentrated inside the six nautical mile zone ” .
A policy directive was issued by the minister to the independent Licensing Authority for Sea Fishing Boats to give effect to the measures .
A judicial review was taken by two fishermen challenging the validity of the policy .
The High Court ’ s ruling of Judicial Review proceedings which relate to the @ @ @ @ @ @ @ to the Court of Appeal and a stay is being sought on the orders granted therein .
Mr McConalogue said in November he was not in a position to comment on the policy until the matter was resolved before the courts .
“ However , I am committed to the sustainability of fishing in Irish waters and to implementing the commitment made in our programme for government that inshore waters continue to be protected for smaller fishing vessels and pair trawling be prohibited inside the six-mile limit.
” The department has not responded @ @ @ @ @ @ @ on Coastwatch ’ s concerns about the recent dolphin and seal deaths .

Some of the dead mammals were found in a Natura-protected area close to the mouth of Waterford estuary. File photograph: Google Street View
A total of three common dolphins and four seals have been found dead in Waterford Harbour over the past week, according to the environmental group Coastwatch.
It has called on the Minister for Agriculture, Food and Marine Charlie McConalogue to investigate the possible causes of the loss of so many large sea mammals in a relatively small area. Some were found in a Natura-protected area close to the mouth of Waterford estuary.
Coastwatch director Karin Dubsky said there were two verified reports of mortalities in the harbour area, and circumstantial evidence they may have been caught in "bycatch" – unintentionally trapped in nets used by boats fishing for sprat in the vicinity.
"The injuries were in keeping with those one would expect from net injury," Ms Dubsky added.
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She confirmed she had raised the issue with the Minister and asked him to outline what he proposes to do as a matter of urgency in response to the destruction of dolphins and seals.
Sprat fishing was going on in the area recently, Ms Dubsky added.
Sprat are mostly used in making feed for farmed salmon.
Coastwatch calls on Minister for Agriculture, Food and Marine Charlie McConalogue to investigate the possible causes of the loss of so many large sea mammals in a relatively small area. Photograph: Alan Betson
Ms Dubsky said there was a need for sprat fishing to be restricted in the harbour to conserve other species, while much smaller twaite shad and salmon populations were also vulnerable as a consequence of sprat fishing; an issue flagged “as long ago as 2015 by the Marine Institute”.
Exclusion
In December 2018, following a public consultation process in which more than 900 submissions were received, the then minister for agriculture, food and marine announced vessels over 18 metres would be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from January 1st, 2020.
A transition period of three years for vessels over 18 metres targeting sprat was allowed to enable adjustment for these vessels, “as the sprat fishery is concentrated inside the six nautical mile zone”.
A policy directive was issued by the minister to the independent Licensing Authority for Sea Fishing Boats to give effect to the measures.
A judicial review was taken by two fishermen challenging the validity of the policy. The High Court’s ruling of Judicial Review proceedings which relate to the directive has been appealed by the State to the Court of Appeal and a stay is being sought on the orders granted therein.
Mr McConalogue said in November he was not in a position to comment on the policy until the matter was resolved before the courts. “However, I am committed to the sustainability of fishing in Irish waters and to implementing the commitment made in our programme for government that inshore waters continue to be protected for smaller fishing vessels and pair trawling be prohibited inside the six-mile limit.”
The department has not responded to a query from The Irish Times on Coastwatch’s concerns about the recent dolphin and seal deaths.


theirishtimes--2020-12-22--‘No special inspections’ at Border regardless of Brexit outcome

No special checks on plant and animal products will be carried out along the Border with Northern Ireland regardless of how the ongoing Brexit negotiations conclude , the Department of Agriculture has said .
Sanitary and phytosanitary ( SPS ) checks are conducted by vets and food safety inspectors on plant and animal products with a view to protecting EU residents , animals and plants from incoming diseases , pests or contaminants .
These checks are separate from customs checks but are usually carried out at customs posts .
Documents released under the Freedom of Information Act show the department @ @ @ @ @ @ @ the Border , at the height of the Internal Market Bill controversy earlier this year .
Farmers , importers and food distribution companies – even sandwich distributors from the UK – all expressed concern about SPS checks on the movement of agri-products across the Border .
EU rules strictly stipulate that at least 50 per cent of lorries with cargo of this nature must be physically inspected as it enters EU territory .
Under the Brexit Withdrawal Bill , there was to be no Border infrastructure on the island of Ireland , with @ @ @ @ @ @ @ .
However , concern about SPS checks heightened when the UK Internal Market Bill sought to avoid the so-called Irish Sea border , for fear of disruption to the UK internal market .
Importers feared this would effectively reintroduce the prospect of controls on the Border .
In response to a request for information on the numbers and timetable for the deployment of SPS checks on the Border , the department responded , “ There will not be any checks along the Northern Ireland Border with Ireland ” .
The response cited the @ @ @ @ @ @ @ Ireland protocol , “ which will remain in place regardless of the EU- UK future relationship negotiations ” .
“ Northern Ireland will continue to apply the European Union ’ s customs code and will remain aligned to those rules of the single market , ” it said .
The response , dated November 20th , made no reference to the controversy over the Internal Market Bill , which arose in September and was eventually assuaged in early December when the UK government agreed to withdraw controversial clauses that would have prevented “ @ @ @ @ @ @ @ in the event that talks with the EU fail to reach agreement .
But on December 8th , the UK and EU announced “ an agreement in principle ” on issues including border control posts , the supply of food and medicines and clarification around state aid in Northern Ireland .
The department said it was recruiting more than 300 staff to be deployed by next year to help carry out SPS checks at Irish ports .

An anti-Brexit, pro-Irish unity sign on the Dublin road in Newry. Photograph: Paul Faith/AFP via Getty
No special checks on plant and animal products will be carried out along the Border with Northern Ireland regardless of how the ongoing Brexit negotiations conclude, the Department of Agriculture has said.
Sanitary and phytosanitary (SPS) checks are conducted by vets and food safety inspectors on plant and animal products with a view to protecting EU residents, animals and plants from incoming diseases, pests or contaminants. These checks are separate from customs checks but are usually carried out at customs posts.
Documents released under the Freedom of Information Act show the department steadfastly refused to countenance such checks at the Border, at the height of the Internal Market Bill controversy earlier this year.
Farmers, importers and food distribution companies – even sandwich distributors from the UK – all expressed concern about SPS checks on the movement of agri-products across the Border.
READ MORE
EU rules strictly stipulate that at least 50 per cent of lorries with cargo of this nature must be physically inspected as it enters EU territory. Under the Brexit Withdrawal Bill, there was to be no Border infrastructure on the island of Ireland, with all such checks carried out at ports.
However, concern about SPS checks heightened when the UK Internal Market Bill sought to avoid the so-called Irish Sea border, for fear of disruption to the UK internal market. Importers feared this would effectively reintroduce the prospect of controls on the Border.
EU alignment
In response to a request for information on the numbers and timetable for the deployment of SPS checks on the Border, the department responded, “There will not be any checks along the Northern Ireland Border with Ireland”.
The response cited the Brexit Withdrawal Agreement, including the Northern Ireland protocol, “which will remain in place regardless of the EU- UK future relationship negotiations”.
“Northern Ireland will continue to apply the European Union’s customs code and will remain aligned to those rules of the single market,” it said.
The response, dated November 20th, made no reference to the controversy over the Internal Market Bill, which arose in September and was eventually assuaged in early December when the UK government agreed to withdraw controversial clauses that would have prevented “a border down the Irish Sea” in the event that talks with the EU fail to reach agreement.
But on December 8th, the UK and EU announced “an agreement in principle” on issues including border control posts, the supply of food and medicines and clarification around state aid in Northern Ireland.
The department said it was recruiting more than 300 staff to be deployed by next year to help carry out SPS checks at Irish ports.


theirishtimes--2020-12-21--Ex-militiaman convicted of murdering two Irish peacekeepers in 1980

A military court in Lebanon has convicted a man of murdering two Irish peacekeepers 40 years ago .
In a verdict announced on Monday night , the court said it had found ex-militia member Mahmoud Bazzi ( 76 ) guilty of the murders Pte Thomas Barrett and Pte Derek Smallhorne on April 18th , 1980 who were part of the Unifil mission in the country .
The court sentenced Bazzi to life in prison but immediately reduced this sentence to 15 years on the basis of his age .
Bazzi murdered the two Irish men in revenge for his brother @ @ @ @ @ @ @ with Irish and Fijian forces which became known as the battle of At Tiri .
Irish man Pte Stephen Griffin and a Fijian were also killed in the engagement .
The verdict was handed down by a military tribunal sitting in Beirut on Monday .
Following a UN investigation Bazzi was found in 2015 living in Michigan in the US and selling ice-cream .
He was later deported to Lebanon over immigration offences where he was put on trial for the two men ’ s murder .
The 71-year-old kidnapped , tortured and @ @ @ @ @ @ @ , from Dublin , and Pte Barrett ( 30 ) , from Cork and shot Irish peacekeeper John O ’ Mahony , in 1980 .
Bazzi committed the murders while a member of the Israeli-sponsored South Lebanon Army ( SLA ) militia , formed to operate against Palestinian and Lebanese Shia forces during Israel ’ s 1978-2000 occupation of Lebanese territory north of the border with Israel .
The Irish peacekeepers were travelling in convoy on April 18th , 1980 , when they were stopped by the SLA .
Pte O ’ Mahony @ @ @ @ @ @ @ testified during the trial that the two Irish soldiers were assaulted before being driven away by the militiamen .
Bazzi later appeared on television and said he murdered the men to revenge for his brother ’ s death .
However he later changed his story and said he had been ordered by his commander to kill the men .

Mahmoud Bazzi (pictured) has been found guilty of the murders Pte Thomas Barrett and Pte Derek Smallhorne on April 18th, 1980 who were part of a Unifil mission. Photograph: AP Photo/Detroit Free Press, Brian Kaufman
A military court in Lebanon has convicted a man of murdering two Irish peacekeepers 40 years ago.
In a verdict announced on Monday night, the court said it had found ex-militia member Mahmoud Bazzi (76) guilty of the murders Pte Thomas Barrett and Pte Derek Smallhorne on April 18th, 1980 who were part of the Unifil mission in the country.
The court sentenced Bazzi to life in prison but immediately reduced this sentence to 15 years on the basis of his age.
Bazzi murdered the two Irish men in revenge for his brother who had been killed in a firefight with Irish and Fijian forces which became known as the battle of At Tiri. Irish man Pte Stephen Griffin and a Fijian were also killed in the engagement.
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The verdict was handed down by a military tribunal sitting in Beirut on Monday.
Following a UN investigation Bazzi was found in 2015 living in Michigan in the US and selling ice-cream. He was later deported to Lebanon over immigration offences where he was put on trial for the two men's murder.
The 71-year-old kidnapped, tortured and killed privates Pte Smallhorne (31), from Dublin, and Pte Barrett (30), from Cork and shot Irish peacekeeper John O’Mahony, in 1980.
Bazzi committed the murders while a member of the Israeli-sponsored South Lebanon Army (SLA) militia, formed to operate against Palestinian and Lebanese Shia forces during Israel's 1978-2000 occupation of Lebanese territory north of the border with Israel.
The Irish peacekeepers were travelling in convoy on April 18th, 1980, when they were stopped by the SLA.
Pte O'Mahony, from Scartaglin, Co Kerry, testified during the trial that the two Irish soldiers were assaulted before being driven away by the militiamen.
Bazzi later appeared on television and said he murdered the men to revenge for his brother’s death. However he later changed his story and said he had been ordered by his commander to kill the men.


theirishtimes--2020-12-21--Supreme Court defers sale of couple’s home until after their deaths

The Supreme Court has made orders deferring the sale of the Dartry home of an elderly couple , for the purpose of meeting legal costs judgments of some €663,000 against the husband , until after their deaths .
The Supreme Court ordered , as a condition of a stay on the sale of their Dartry home , that James and Patricia Kenny must put their Co Donegal holiday home up for sale within six months to go towards paying off the 2010 judgments .
The judgments were obtained by Trinity College , Dublin , against Mr Kenny following his protracted @ @ @ @ @ @ @ , over the building of student accommodation near their Dartry home .
Mrs Kenny is not a party to the judgment debt .
Ms Justice Marie Baker on Monday gave the five-judge court ’ s unanimous ruling dismissing the couple ’ s appeal against a 2010 High Court order permitting sale of the Dartry home .
The High Court had declared three judgment mortgages registered by Trinity against Mr Kenny ’ s interests in the Dartry and Donegal properties were well charged on those interests .
The judgment mortgages were registered after the @ @ @ @ @ @ @ stood in 2010 at €663,239 , against Mr Kenny in his long-running unsuccessful litigation over the Trinity Hall student accommodation .
The High Court was satisfied the value of the Dartry house was such that Mrs Kenny , the co-owning non-debtor spouse , would have sufficient funds after sale and discharge of a prior legal mortgage , for which she was jointly liable , to buy alternative accommodation and that sale of Dartry would not deprive the couple of a home .
In her judgment on the Kennys ’ appeals , Ms Justice @ @ @ @ @ @ @ and Conveyancing Law Reform Act 2009 which gave the court discretion in a judgment mortgage case to make such orders as it considered just and equitable in the circumstances of the case .
The Dartry premises was valued in 2008 about €1.5 million , with a legal mortgage of €480,000 , and the Donegal property was valued between €200,000 and €250,000 , she noted .
The judge said she was dealing with the appeal on the basis both properties still have broadly the same valuations but two material facts which differed since 2010 @ @ @ @ @ @ @ advanced old age and the Dartry legal mortgage is some €800,000 .
Having considered the facts and the law , she found the consequences of an order for immediate sale of the Dartry property would be oppressive given the couple ’ s ages , the fact they have lived in their home and the Dartry area for 25 years , and have support services , friends and family nearby .
They could not be expected to vacate their home now at the suit of Trinity , she said .
She must also have @ @ @ @ @ @ @ taken no steps to sell the Donegal property in the 10 years since the High Court decision and the interest on the judgment mortgage continued to accrue “ at an alarming rate ” .
The judge concluded the court should affirm the High Court order for sale of the Dartry property , thus protecting the interest of Trinity , but the sale order should be stayed on conditions which protect the Kennys ’ interests .
The Donegal property must be put up for sale within six months as a condition for deferring sale @ @ @ @ @ @ @ Kennys have died .
Mrs Kenny ’ s beneficial interest in the Donegal property must be attached to the Dartry property instead and the couple must sever their joint tenancy in the Donegal property which their adult children may purchase , if they wish , at a price agreed between the sides , the judge also ordered .

The €663,000 judgments were obtained by Trinity College, Dublin, against James Kenny following his protracted litigation, in which he represented himself, over the building of student accommodation near their Dartry home. File photograph: Chris Maddaloni/Collins
The Supreme Court has made orders deferring the sale of the Dartry home of an elderly couple, for the purpose of meeting legal costs judgments of some €663,000 against the husband, until after their deaths.
The Supreme Court ordered, as a condition of a stay on the sale of their Dartry home, that James and Patricia Kenny must put their Co Donegal holiday home up for sale within six months to go towards paying off the 2010 judgments.
The judgments were obtained by Trinity College, Dublin, against Mr Kenny following his protracted litigation, in which he represented himself, over the building of student accommodation near their Dartry home.
Mrs Kenny is not a party to the judgment debt.
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Ms Justice Marie Baker on Monday gave the five-judge court's unanimous ruling dismissing the couple's appeal against a 2010 High Court order permitting sale of the Dartry home.
The High Court had declared three judgment mortgages registered by Trinity against Mr Kenny’s interests in the Dartry and Donegal properties were well charged on those interests. The judgment mortgages were registered after the college got judgment for costs, which stood in 2010 at €663,239, against Mr Kenny in his long-running unsuccessful litigation over the Trinity Hall student accommodation.
The High Court was satisfied the value of the Dartry house was such that Mrs Kenny, the co-owning non-debtor spouse, would have sufficient funds after sale and discharge of a prior legal mortgage, for which she was jointly liable, to buy alternative accommodation and that sale of Dartry would not deprive the couple of a home.
In her judgment on the Kennys’ appeals, Ms Justice Baker noted the case pre-dated the Land and Conveyancing Law Reform Act 2009 which gave the court discretion in a judgment mortgage case to make such orders as it considered just and equitable in the circumstances of the case.
The Dartry premises was valued in 2008 about €1.5 million, with a legal mortgage of €480,000, and the Donegal property was valued between €200,000 and €250,000, she noted.
The judge said she was dealing with the appeal on the basis both properties still have broadly the same valuations but two material facts which differed since 2010 are that the Kennys are now in advanced old age and the Dartry legal mortgage is some €800,000.
Having considered the facts and the law, she found the consequences of an order for immediate sale of the Dartry property would be oppressive given the couple’s ages, the fact they have lived in their home and the Dartry area for 25 years, and have support services, friends and family nearby. They could not be expected to vacate their home now at the suit of Trinity, she said.
She must also have regard to the fact the couple had taken no steps to sell the Donegal property in the 10 years since the High Court decision and the interest on the judgment mortgage continued to accrue “at an alarming rate”.
The judge concluded the court should affirm the High Court order for sale of the Dartry property, thus protecting the interest of Trinity, but the sale order should be stayed on conditions which protect the Kennys’ interests. The Donegal property must be put up for sale within six months as a condition for deferring sale of the Dartry property until after both Kennys have died.
Mrs Kenny’s beneficial interest in the Donegal property must be attached to the Dartry property instead and the couple must sever their joint tenancy in the Donegal property which their adult children may purchase, if they wish, at a price agreed between the sides, the judge also ordered.


theirishtimes--2020-12-21--UK passport applications in North dip as more Irish passports issued

British passport applications in the North have dipped again for the fifth year in a row while the number of Irish passports being issued continues to rise dramatically , latest official figures show .
The UK passport office has disclosed that it handled 110,506 applications for a passport from a Northern Ireland address last year .
The figure is down significantly from the 119,298 applications received in 2018 , following a trend over recent years .
In 2017 , applications numbered 121,858 , down from 128,759 the previous year .
In 2015 , the UK was printing 129,550 British passports @ @ @ @ @ @ @ figures , released in response to a freedom-of-information request , show a 15 per cent slide in demand for British passports in the North over the past five years .
Over the same period , the number of Irish passports issued in the North has at least doubled .
Latest figures from the Department of Foreign Affairs show 107,937 Irish passports were issued last year through Northern Ireland Passport Express , which is available at post offices in the North .
The figure is up significantly – 27 per cent – from 84,855 @ @ @ @ @ @ @ trend of rising applications for Irish passports in the North .
In 2017 , 82,274 Irish passports were issued , up from 67,582 in 2016 , which was also up from the 53,715 issued in 2015 .
The figures do not include Irish citizens in the North who apply for their passports directly from Dublin .
This year to October , 42,907 Irish passports were issued in the North , slightly more than the 41,828 applications for British passports over the same period .
If that trend continues , albeit in a year @ @ @ @ @ @ @ number of Irish passports being issued will eclipse applications for British passports .
Alex Kane , a commentator and former director of communications for the Ulster Unionist Party , suggested the reason for the rise in Irish passports and decline of British passports is “ increasing pragmatism ” among unionists .
“ People want to be able to travel , they want a safeguard of an Irish passport , ” he said .
“ Whatever their views on unionism , when it comes to travelling to France or through Europe , they want @ @ @ @ @ @ @ routes , the easiest way , and having an Irish passport makes that process easier for them , and they are happy enough with that .
“ It doesn ’ t mean they are going to be walking up the Shankill Road or Cregagh Road in east Belfast waving their Irish passport.
” The “ plain old pragmatism ” is akin to “ soft nationalists having held British passports ” before Brexit , or when it was cheaper and easier to apply for them , he said .

The UK passport office says it handled 110,506 applications for a passport from a Northern Ireland address last year, compared with 119,298 in 2018. Photograph: Matt Cardy/Getty Images
British passport applications in the North have dipped again for the fifth year in a row while the number of Irish passports being issued continues to rise dramatically, latest official figures show.
The UK passport office has disclosed that it handled 110,506 applications for a passport from a Northern Ireland address last year.
The figure is down significantly from the 119,298 applications received in 2018, following a trend over recent years. In 2017, applications numbered 121,858, down from 128,759 the previous year. In 2015, the UK was printing 129,550 British passports for citizens in the North.
The figures, released in response to a freedom-of-information request, show a 15 per cent slide in demand for British passports in the North over the past five years.
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Over the same period, the number of Irish passports issued in the North has at least doubled.
Latest figures from the Department of Foreign Affairs show 107,937 Irish passports were issued last year through Northern Ireland Passport Express, which is available at post offices in the North.
The figure is up significantly – 27 per cent – from 84,855 the previous year, amid an escalating trend of rising applications for Irish passports in the North.
In 2017, 82,274 Irish passports were issued, up from 67,582 in 2016, which was also up from the 53,715 issued in 2015.
The figures do not include Irish citizens in the North who apply for their passports directly from Dublin.
This year to October, 42,907 Irish passports were issued in the North, slightly more than the 41,828 applications for British passports over the same period.
If that trend continues, albeit in a year mired with pandemic travel restrictions, the number of Irish passports being issued will eclipse applications for British passports.
Pragmatism
Alex Kane, a commentator and former director of communications for the Ulster Unionist Party, suggested the reason for the rise in Irish passports and decline of British passports is “increasing pragmatism” among unionists.
“People want to be able to travel, they want a safeguard of an Irish passport,” he said.
“Whatever their views on unionism, when it comes to travelling to France or through Europe, they want to make sure they have the cheapest routes, the easiest way, and having an Irish passport makes that process easier for them, and they are happy enough with that.
“It doesn’t mean they are going to be walking up the Shankill Road or Cregagh Road in east Belfast waving their Irish passport.”
The “plain old pragmatism” is akin to “soft nationalists having held British passports” before Brexit, or when it was cheaper and easier to apply for them, he said.


theirishtimes--2020-12-21--More than 200 patients infected with Covid-19 in hospital in four weeks

More than 200 patients contracted Covid-19 while in hospital for other reasons in recent weeks , new Health Service Executive ( HSE ) figures show .
There have been 219 confirmed cases of patients acquiring Covid-19 inside acute hospitals in the four weeks up to December 13th , according to figures provided to The Irish Times .
Some 90 patients contracted the virus while in hospital in the week up to November 22nd , with 46 cases of hospital-acquired Covid-19 in the last week of November .
There were 51 confirmed cases of patients contracting the virus from others while @ @ @ @ @ @ @ December , and 32 hospital-acquired cases in the week up to December 13th .
In most cases patients will be tested for Covid-19 as they are admitted into hospital , and then regularly tested afterwards .
A HSE spokeswoman said the “ control of hospital-acquired Covid-19 is critical to protect patients from infection , to protect healthcare workers from exposure and to reassure prospective patients who need hospital services that it is safe to come to hospital.
” The HSE reviews and monitors the level of hospital-acquired cases each week , and provides @ @ @ @ @ @ @ of the virus , she said .
Overall there were 241 patients with Covid-19 in acute hospitals on Monday , and 29 in intensive-care units .
There have been 18 additional hospitalisations in the past 24 hours , according to figures released on Monday night .
Latest figures up to Sunday evening show Beaumont Hospital in north Dublin , was currently treating the largest number of Covid-19 patients with 47 confirmed cases .
This was followed by Letterkenny General Hospital in Co Donegal ( 32 ) , St Luke ’ s Hospital in @ @ @ @ @ @ @ south Dublin , St Vincent ’ s hospital ( 16 ) , and Tallaght Hospital ( 14 ) .

There were 241 patients with Covid-19 in acute hospitals on Monday, and 29 in intensive-care units. File photograph: Brenda Fitzsimons
More than 200 patients contracted Covid-19 while in hospital for other reasons in recent weeks, new Health Service Executive (HSE) figures show.
There have been 219 confirmed cases of patients acquiring Covid-19 inside acute hospitals in the four weeks up to December 13th, according to figures provided to The Irish Times.
Some 90 patients contracted the virus while in hospital in the week up to November 22nd, with 46 cases of hospital-acquired Covid-19 in the last week of November.
There were 51 confirmed cases of patients contracting the virus from others while in hospitals in the first week of December, and 32 hospital-acquired cases in the week up to December 13th.
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In most cases patients will be tested for Covid-19 as they are admitted into hospital, and then regularly tested afterwards.
A HSE spokeswoman said the “control of hospital-acquired Covid-19 is critical to protect patients from infection, to protect healthcare workers from exposure and to reassure prospective patients who need hospital services that it is safe to come to hospital.”
The HSE reviews and monitors the level of hospital-acquired cases each week, and provides additional support to hospitals dealing with outbreaks of the virus, she said.
Overall there were 241 patients with Covid-19 in acute hospitals on Monday, and 29 in intensive-care units. There have been 18 additional hospitalisations in the past 24 hours, according to figures released on Monday night.
Latest figures up to Sunday evening show Beaumont Hospital in north Dublin, was currently treating the largest number of Covid-19 patients with 47 confirmed cases. This was followed by Letterkenny General Hospital in Co Donegal (32), St Luke’s Hospital in Kilkenny (22) and, in south Dublin, St Vincent’s hospital (16), and Tallaght Hospital (14).


theirishtimes--2020-12-21--Archbishop urges vulnerable faithful to ‘follow Mass online’

Catholic Archbishop of Dublin Diarmuid Martin has said vulnerable people should be strongly encouraged not to attend church at Christmas .
“ It may well be more appropriate for them to follow Mass online as a family and perhaps at some stage in the day make a brief prayerful visit to the crib , to permit children to experience the mystery of the birth of Jesus .
Churches should provide the ample possibility for people to attend Mass at some time within the 12 days of Christmas , ” he said in a message to priests and parishes in the @ @ @ @ @ @ @ take risks , that numbers wishing to attend Mass , especially on Christmas night and Christmas Day , will be well above the capacity of many churches .
“ We should encourage people not to gather in numbers beyond what is approved , ” he cautioned .
Fr Roy Donovan , of the Association of Catholic Priests ( ACP ) leadership team , said they are awaiting Government advice following Tuesday ’ s Cabinet meeting before commenting on attendances at Masses over the Christmas period .
ACP co-founder Fr Brendan Hoban asked “ @ @ @ @ @ @ @ who are champing at the bit , to socialise responsibly after a second difficult lockdown if their elders are unprepared to make the sacrifice of not having Mass this Christmas ?
” He suggested it would be a telling symbolic selfless gesture of sacrifice “ for the sake of others and ourselves ” and “ a pro-life statement , reminding us , as Pope Francis continues to do , that pro-life is not a slogan for being against abortion but a broad statement of respect for all life ” .
He was also @ @ @ @ @ @ @ who went cap in hand to the Taoiseach to give preference and privilege to the church to have public Masses ” last October .
It was an opportunity missed when they could have given prophetic witness by making a sacrifice for the common good , he said .
“ All the churches could have given a great example by together agreeing to the ongoing suspension of public worship in the interests of the health and safety of people , ” he said .
The reality is that under Government regulations a tiny percentage @ @ @ @ @ @ @ a Christmas Mass , he said .
From what most priests and many Catholics were saying he felt “ we would be as well off not to have these limited Masses at all ” .
It would be better for the many if families were encouraged to gather in homes and follow a streamed Mass on the webcam or on television , he said .
It always surprised him when people who were serious church goers seemed “ so adverse , in respect to limiting public Masses , to doing what we Christians @ @ @ @ @ @ @ sacrifices for others .
Surely church goers of all groups need to give good example to others , not least , as Nphet [ National Public Health Emergency Team ] keeps reminding us , to make sacrifices so that life is protected and that as many as possible are kept safe and kept alive .
”

Archbishop Diarmuid Martin: Perhaps at some stage in the day people should make a brief prayerful visit to the crib. File photograph: The Irish Times
Catholic Archbishop of Dublin Diarmuid Martin has said vulnerable people should be strongly encouraged not to attend church at Christmas.
“It may well be more appropriate for them to follow Mass online as a family and perhaps at some stage in the day make a brief prayerful visit to the crib, to permit children to experience the mystery of the birth of Jesus. Churches should provide the ample possibility for people to attend Mass at some time within the 12 days of Christmas,” he said in a message to priests and parishes in the archdiocese.
He advised people not to take risks, that numbers wishing to attend Mass, especially on Christmas night and Christmas Day, will be well above the capacity of many churches. “We should encourage people not to gather in numbers beyond what is approved,” he cautioned.
Fr Roy Donovan, of the Association of Catholic Priests (ACP) leadership team, said they are awaiting Government advice following Tuesday's Cabinet meeting before commenting on attendances at Masses over the Christmas period.
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ACP co-founder Fr Brendan Hoban asked "can we really expect the young, who are champing at the bit, to socialise responsibly after a second difficult lockdown if their elders are unprepared to make the sacrifice of not having Mass this Christmas?"
He suggested it would be a telling symbolic selfless gesture of sacrifice "for the sake of others and ourselves" and "a pro-life statement, reminding us, as Pope Francis continues to do, that pro-life is not a slogan for being against abortion but a broad statement of respect for all life".
‘Prophetic witness’
He was also critical of the four Catholic archbishops “who went cap in hand to the Taoiseach to give preference and privilege to the church to have public Masses” last October. It was an opportunity missed when they could have given prophetic witness by making a sacrifice for the common good, he said.
“All the churches could have given a great example by together agreeing to the ongoing suspension of public worship in the interests of the health and safety of people,” he said.
The reality is that under Government regulations a tiny percentage of Catholics will be able to attend a Christmas Mass, he said. From what most priests and many Catholics were saying he felt “we would be as well off not to have these limited Masses at all”.
It would be better for the many if families were encouraged to gather in homes and follow a streamed Mass on the webcam or on television, he said.
It always surprised him when people who were serious church goers seemed “so adverse, in respect to limiting public Masses, to doing what we Christians are expected to do – to make sacrifices for others. Surely church goers of all groups need to give good example to others, not least, as Nphet [National Public Health Emergency Team] keeps reminding us, to make sacrifices so that life is protected and that as many as possible are kept safe and kept alive.”


theirishtimes--2020-12-21--Wards of court to get Covid-19 vaccine in line with flu vaccine procedure, court told

The Covid-19 vaccine will be administered to wards of court in line with the same procedure by which wards get the annual flu vaccine , the Department of Health has told the High Court .
The department was replying by letter to queries raised by the High Court president , Ms Justice Mary Irvine , concerning the administration of the vaccine to wards .
There are more than 2,000 wards , most of whom are elderly and vulnerable people .
A substantial number of wards are in nursing homes or other residential care facilities .
Ms Justice Irvine is in @ @ @ @ @ @ @ dealing with a number of cases on December 11th , the judge told lawyers she had written the previous day to the chief medical officer , Dr Tony Holohan , concerning the Covid-19 vaccine .
The judge said she was concerned that wards would get the vaccine , on the direction of their clinicians , without undue delay and she hoped it would not be necessary to have formal applications brought in every case for an order permitting the vaccine to be administered .
In a reply in recent days , a senior @ @ @ @ @ @ @ said the intention , in line with the approach proposed by the judge , is that similar arrangements to those in place for administration of the annual flu vaccine will be adopted for the proposed Covid-19 vaccine .
Those arrangements involve consultation with each ward ’ s treating physician for the purpose of deciding on the appropriateness of immunisation for each individual , the letter stated .

Ms Justice Irvine is in charge of the wardship list. Photograph: Tom Honan for The Irish Times.
The Covid-19 vaccine will be administered to wards of court in line with the same procedure by which wards get the annual flu vaccine, the Department of Health has told the High Court.
The department was replying by letter to queries raised by the High Court president, Ms Justice Mary Irvine, concerning the administration of the vaccine to wards.
There are more than 2,000 wards, most of whom are elderly and vulnerable people. A substantial number of wards are in nursing homes or other residential care facilities.
Ms Justice Irvine is in charge of the wardship list.
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When dealing with a number of cases on December 11th, the judge told lawyers she had written the previous day to the chief medical officer, Dr Tony Holohan, concerning the Covid-19 vaccine.
The judge said she was concerned that wards would get the vaccine, on the direction of their clinicians, without undue delay and she hoped it would not be necessary to have formal applications brought in every case for an order permitting the vaccine to be administered.
In a reply in recent days, a senior medical officer with the Department of Health said the intention, in line with the approach proposed by the judge, is that similar arrangements to those in place for administration of the annual flu vaccine will be adopted for the proposed Covid-19 vaccine.
Those arrangements involve consultation with each ward’s treating physician for the purpose of deciding on the appropriateness of immunisation for each individual, the letter stated.


theirishtimes--2020-12-21--British Lord loses appeal over palladian mansion in Kilkenny

A British life peer who once owned and later rented one of Ireland ’ s finest palladian mansions has not established any legal right to occupy the property , the Court of Appeal ruled .
Lord George Magan ( 74 ) was not entitled to relief against forfeiture of Castletown Cox house in Kilkenny under landlord and tenant legislation , the Court of Appeal also found .
Lord Magan had claimed Castletown was his secondary residence and his main home is in Cambridge Place , Kensington , London .
He claimed a trust that he originally set up to manage @ @ @ @ @ @ @ entered the property and changed the locks in May 2018 .
The Castletown Foundation trust , which he had established for the benefit of two of his children , Edward and Henrietta , was in dispute with him over rent arrears and his claim of a right to the property .
In 2019 , the High Court dismissed his claims to a tenancy and to possession .
In 2005 , he sold the 36,000-square foot mansion , and 513 acres of farmland , to the trust .
Under the structure put in place @ @ @ @ @ @ @ of residence whereby he was to pay €100,000 per year in rent .
Since 2013 however , the trust said , he failed to pay any rent and it later sought summary judgment in the High Court for €571,000 in rent arrears .
He opposed that application claiming he had spent €361,000 on upkeep since the trust stopped contributing towards maintenance and that should be offset against the rent .
The trust said it costs half a million a year to look after the property .
With just €100,000 rental income and fees @ @ @ @ @ @ @ ’ s world class collection of fine art , paintings and furniture , most of which are owned by a separate trust , it was not enough to pay the bills , it says .
This was in circumstances of the €571,000 rent arrears and some €1.8m ( St£1.6m ) was also due under the licence for use of art and furniture and a further €2.1m ( St£1.9m ) was owed in loans to him from the trustees to meet personal expenditure , the trust claimed .
Alongside this , some €14.5m in @ @ @ @ @ @ @ a finance company , Sancus Jersey , it was further claimed .
The professional managers of the trust decided to sell Castletown Cox and agreement was reached to sell in 2018 for more than €19m .
Lord Magan had in 2016 agreed to a sale but later resiled from that , the trust claimed .
Various proceedings followed including one in which the trust sought judgment for the €571,000 in rent arrears and another over whether he was entitled to a new tenancy or had an entitlement not to have to forfeit the @ @ @ @ @ @ @ Court gave judgment for the rent arrears .
In 2019 , it found he was not entitled to seek a new tenancy , that his previous tenancy had been validly determined under law , and that he did not enjoy any right against forfeiture of the property or right to occupy or possess it .
He argued , among other things , information was put before the High Court by the Castletown Foundation was grossly misleading and loaded with innuendo .
He argued the High Court erred in failing to enquire about a @ @ @ @ @ @ @ travel to Ireland for that hearing .
He also argued he should be entitled to have the case reheard .
On Monday , Ms Justice Faherty , on behalf of the three-judge Court of Appeal , dismissed the appeal .
She said the defendant had not shown he had a good defence on the merits or had a defence with a reasonable prospect of success .
She could find no basis to remit the matter to the High Court for trial on any of the issues he raised .

A British life peer who once owned and later rented one of Ireland’s finest palladian mansions has not established any legal right to occupy the property, the Court of Appeal ruled.
Lord George Magan (74) was not entitled to relief against forfeiture of Castletown Cox house in Kilkenny under landlord and tenant legislation, the Court of Appeal also found.
Lord Magan had claimed Castletown was his secondary residence and his main home is in Cambridge Place, Kensington, London.
He claimed a trust that he originally set up to manage the house and property had illegally forcibly entered the property and changed the locks in May 2018.
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The Castletown Foundation trust, which he had established for the benefit of two of his children, Edward and Henrietta, was in dispute with him over rent arrears and his claim of a right to the property. In 2019, the High Court dismissed his claims to a tenancy and to possession.
In 2005, he sold the 36,000-square foot mansion, and 513 acres of farmland, to the trust. Under the structure put in place, Lord Magan was to have rights of residence whereby he was to pay €100,000 per year in rent.
Since 2013 however, the trust said, he failed to pay any rent and it later sought summary judgment in the High Court for €571,000 in rent arrears.
He opposed that application claiming he had spent €361,000 on upkeep since the trust stopped contributing towards maintenance and that should be offset against the rent.
The trust said it costs half a million a year to look after the property. With just €100,000 rental income and fees from a licence to use the house’s world class collection of fine art, paintings and furniture, most of which are owned by a separate trust, it was not enough to pay the bills, it says.
This was in circumstances of the €571,000 rent arrears and some €1.8m (St£1.6m) was also due under the licence for use of art and furniture and a further €2.1m (St£1.9m) was owed in loans to him from the trustees to meet personal expenditure, the trust claimed.
Alongside this, some €14.5m in borrowings were secured on the property to a finance company, Sancus Jersey, it was further claimed.
The professional managers of the trust decided to sell Castletown Cox and agreement was reached to sell in 2018 for more than €19m.
Lord Magan had in 2016 agreed to a sale but later resiled from that, the trust claimed.
Various proceedings followed including one in which the trust sought judgment for the €571,000 in rent arrears and another over whether he was entitled to a new tenancy or had an entitlement not to have to forfeit the property.
In 2018, the High Court gave judgment for the rent arrears. In 2019, it found he was not entitled to seek a new tenancy, that his previous tenancy had been validly determined under law, and that he did not enjoy any right against forfeiture of the property or right to occupy or possess it.
He argued, among other things, information was put before the High Court by the Castletown Foundation was grossly misleading and loaded with innuendo.
He argued the High Court erred in failing to enquire about a medical condition as he was unable to travel to Ireland for that hearing. He also argued he should be entitled to have the case reheard.
The trust opposed the appeal.
On Monday, Ms Justice Faherty, on behalf of the three-judge Court of Appeal, dismissed the appeal. She said the defendant had not shown he had a good defence on the merits or had a defence with a reasonable prospect of success.
She could find no basis to remit the matter to the High Court for trial on any of the issues he raised.


theirishtimes--2020-12-21--Trio caught with guns after getting lost on way to target jailed

Three men caught with a submachine gun and a sawn-off shotgun in Co Offaly earlier this year were “ not professional hitmen ” , a judge said when he sentenced them on Monday .
Judge Keenan Johnson told Mullingar Circuit Court that though the machine gun was of poor quality and cartridges found in the men ’ s car were not suitable for the shotgun , the discharge of a firearm , even as a threat , had the capacity to go fatally wrong .
Ildomar Cabrar Da Silva ( 29 ) , whose address could not be ascertained by @ @ @ @ @ @ @ possession of the firearms , along with 17 rounds of ammunition for the submachine gun , and four shotgun cartridges , at River Street , Clara , on May 27th .
Jefferson Dos Santos ( 35 ) with an address at Inny Court , Ballymahon , Co Longford , and Hugo Henrique Rodrigues ( 23 ) of the same address , had pleaded guilty to similar charges .
All three also admitted breaches of the Covid-19 restrictions on travel .
A previous court hearing had been told the three Brazilians were on their @ @ @ @ @ @ @ house and when he was finalising the sentence , the judge said the discovery of a Google Maps search for an address on Mr Da Silva ’ s phone was an aggravating factor .
He said Mr Da Silva was the most culpable of the three and because he had paid for the fuel for the car he was the “ primary organiser of the mission ” .
He had been the subject of a deportation order since July 2019 .
The men were all wearing plastic gloves when they were stopped in @ @ @ @ @ @ @ after the arrests Mr Rodrigues told gardaí they intended to threaten a third party by “ firing at their house ” but denied they were on a “ murder mission ” .
Analysis by a ballistics specialist showed that the submachine gun was rusty and would jam after each shot .
The judge said the men were out of their depth because they had got lost twice while on their way to their target .
“ It therefore seems clear that none of the accused were professional hitmen or seasoned criminals , ” @ @ @ @ @ @ @ Dos Santos had a flight booked home to Brazil the day after his arrest .
Mr Dos Santos had written a letter of apology and the court also had a letter from his wife which referred to their two children and the defendant ’ s elderly father in Brazil .
Mr Rodrigues was the driver of the car and the judge said he was a participant in the undertaking , not the organiser , but he did know about it at least a week in advance .
He had made admissions that helped @ @ @ @ @ @ @ was under protection in prison .
The judge said he was satisfied as the youngest of the three , Mr Rodrigues ’ s lack of maturity meant he was easily led into offending and it was out of character for him .
The judge said this type of enterprise was “ regrettably becoming far too prevalent ” and had the capacity “ to undermine the foundations of our civilised society ” .
Mr Da Silva , the only one of the three men to have previous convictions , was sentenced to eight years @ @ @ @ @ @ @ sentenced to seven years and Mr Rodrigues to six .
All three had the final three years of their sentences suspended .
The trio have been in custody since their arrest and their sentences were backdated to May 26th .
They also entered into 10-year peace bonds and were ordered to return to Brazil within 14 days of their release .

One of the men told gardaí they intended to threaten a third party by ‘firing at their house’ but denied they were on a ‘murder mission’. File photograph: Collins Courts
Three men caught with a submachine gun and a sawn-off shotgun in Co Offaly earlier this year were “not professional hitmen”, a judge said when he sentenced them on Monday.
Judge Keenan Johnson told Mullingar Circuit Court that though the machine gun was of poor quality and cartridges found in the men’s car were not suitable for the shotgun, the discharge of a firearm, even as a threat, had the capacity to go fatally wrong.
Ildomar Cabrar Da Silva (29), whose address could not be ascertained by the gardaí, had pleaded guilty to possession of the firearms, along with 17 rounds of ammunition for the submachine gun, and four shotgun cartridges, at River Street, Clara, on May 27th.
Jefferson Dos Santos (35) with an address at Inny Court, Ballymahon, Co Longford, and Hugo Henrique Rodrigues (23) of the same address, had pleaded guilty to similar charges.
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All three also admitted breaches of the Covid-19 restrictions on travel.
A previous court hearing had been told the three Brazilians were on their way to Tullamore to shoot at a house and when he was finalising the sentence, the judge said the discovery of a Google Maps search for an address on Mr Da Silva's phone was an aggravating factor.
He said Mr Da Silva was the most culpable of the three and because he had paid for the fuel for the car he was the “primary organiser of the mission”.
He had been the subject of a deportation order since July 2019.
The men were all wearing plastic gloves when they were stopped in Clara at 12.25am on May 27th and after the arrests Mr Rodrigues told gardaí they intended to threaten a third party by “firing at their house” but denied they were on a “murder mission”.
Analysis by a ballistics specialist showed that the submachine gun was rusty and would jam after each shot.
The judge said the men were out of their depth because they had got lost twice while on their way to their target.
“It therefore seems clear that none of the accused were professional hitmen or seasoned criminals,” he said.
The judge said Mr Dos Santos had a flight booked home to Brazil the day after his arrest.
Mr Dos Santos had written a letter of apology and the court also had a letter from his wife which referred to their two children and the defendant’s elderly father in Brazil.
Mr Rodrigues was the driver of the car and the judge said he was a participant in the undertaking, not the organiser, but he did know about it at least a week in advance.
He had made admissions that helped gardaí significantly and as a result he was under protection in prison.
The judge said he was satisfied as the youngest of the three, Mr Rodrigues’s lack of maturity meant he was easily led into offending and it was out of character for him.
The judge said this type of enterprise was “regrettably becoming far too prevalent” and had the capacity “to undermine the foundations of our civilised society”.
Mr Da Silva, the only one of the three men to have previous convictions, was sentenced to eight years in prison, Mr Dos Santos was sentenced to seven years and Mr Rodrigues to six. All three had the final three years of their sentences suspended.
The trio have been in custody since their arrest and their sentences were backdated to May 26th. They also entered into 10-year peace bonds and were ordered to return to Brazil within 14 days of their release.


theirishtimes--2020-12-21--Beaumont Hospital apologises to former professional golfer over failures in care

Beaumont Hospital has apologised at the High Court to a man over failures in the care provided to him at the Dublin hospital after he presented with pain in his upper back .
The apology to Ian St John , a former professional golfer who now has paraplegia and uses a wheelchair , was read under a settlement of his High Court action .
Michael Counihan SC , instructed by solicitor Nicholas Walsh , for Mr St John said his case was that he initially went to Beaumont on August 5th , 2016 complaining of severe back pain but a @ @ @ @ @ @ @ for another two weeks and he was already showing signs of paralysis of the legs .
Mr Justice Kevin Cross was told there was a partial admission of liability in the case .
The hospital admitted it failed to diagnose Mr St John ’ s tumour in a CT scan of August 17th , 2016 but no admission was made in respect of his treatment in the hospital emergency department prior to his admission as a patient .
Beaumont Hospital chief executive Ian Carter , in the apology , said , on behalf @ @ @ @ @ @ @ express “ sincere apologies for the failures which occurred during the care provided to you in Beaumont Hospital.
” It added : “ I understand that this has had the most serious consequences for you and your family , and I hope that today ’ s settlement will provide an element of security for the future.
” Mr St John ( 42 ) , Pilltown Co Kilkenny , is formerly a PGA professional who was head professional at Rush Golf Club , Co Dublin .
It was claimed he presented at the hospital @ @ @ @ @ @ @ 5th,2016 complaining of pain in his upper back which was increasing steadily and becoming unbearable .
It was claimed he was discharged on each occasion with varying diagnoses Due to excruciating pain , he went back to the hospital on August 14th and was admitted as an inpatient .
It was noted he had a swelling or a lump on his right upper back .
It was claimed he was subjected to tests and treatments and , after two weeks , it was noticed he was suffering paralysis of the lower limbs and @ @ @ @ @ @ @ Following an MRI , the tumour which was compressing the nerves was diagnosed .
He had an operation to remove the tumour on August 28th , 2016 and commenced cancer treatment .
He did not recover power in his lower limbs which , it was claimed , was caused by prolonged compression of the tumour on the nerves at his thoracic spine .
It was claimed there were failures to recognise the significance of the severe agonising upper back pain suffered by him while lying in bed in the hospital and to suspect @ @ @ @ @ @ @ thereby resulting in an alleged unacceptable delay in performing a diagnostic biopsy and treatment .
In a statement outside court , Mr St John said he was pleased to have received an apology .
He now has to live “ a life in a wheelchair that is contradictory from the one I enjoyed as a man , husband , father and a PGA golf professional.
” He thanked his wife for her love and support and “ relentless pursuit to obtain the best care that has kept me alive .
”

Ian St John thanked his wife for her love and support and “relentless pursuit to obtain the best care that has kept me alive.” Photograph: Collins Courts
Beaumont Hospital has apologised at the High Court to a man over failures in the care provided to him at the Dublin hospital after he presented with pain in his upper back .
The apology to Ian St John, a former professional golfer who now has paraplegia and uses a wheelchair, was read under a settlement of his High Court action.
Michael Counihan SC, instructed by solicitor Nicholas Walsh, for Mr St John said his case was that he initially went to Beaumont on August 5th, 2016 complaining of severe back pain but a tumour on his spine was not diagnosed for another two weeks and he was already showing signs of paralysis of the legs.
Mr Justice Kevin Cross was told there was a partial admission of liability in the case. The hospital admitted it failed to diagnose Mr St John’s tumour in a CT scan of August 17th, 2016 but no admission was made in respect of his treatment in the hospital emergency department prior to his admission as a patient.
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Beaumont Hospital chief executive Ian Carter, in the apology, said, on behalf of the hospital, he wished to express “sincere apologies for the failures which occurred during the care provided to you in Beaumont Hospital.”
It added: “I understand that this has had the most serious consequences for you and your family, and I hope that today’s settlement will provide an element of security for the future.”
Mr St John (42), Pilltown Co Kilkenny, is formerly a PGA professional who was head professional at Rush Golf Club, Co Dublin.
It was claimed he presented at the hospital emergency department on five occasions from August 5th,2016 complaining of pain in his upper back which was increasing steadily and becoming unbearable. It was claimed he was discharged on each occasion with varying diagnoses
Due to excruciating pain, he went back to the hospital on August 14th and was admitted as an inpatient. It was noted he had a swelling or a lump on his right upper back.
It was claimed he was subjected to tests and treatments and, after two weeks, it was noticed he was suffering paralysis of the lower limbs and an opinion of neurosurgeon was sought.
Following an MRI, the tumour which was compressing the nerves was diagnosed. He had an operation to remove the tumour on August 28th, 2016 and commenced cancer treatment. He did not recover power in his lower limbs which, it was claimed, was caused by prolonged compression of the tumour on the nerves at his thoracic spine.
It was claimed there were failures to recognise the significance of the severe agonising upper back pain suffered by him while lying in bed in the hospital and to suspect malignancy despite strongly suggestive clinical features, thereby resulting in an alleged unacceptable delay in performing a diagnostic biopsy and treatment.
In a statement outside court, Mr St John said he was pleased to have received an apology. He now has to live “a life in a wheelchair that is contradictory from the one I enjoyed as a man, husband, father and a PGA golf professional.”
He thanked his wife for her love and support and “relentless pursuit to obtain the best care that has kept me alive.”


theirishtimes--2020-12-21--AG excused from participating in school’s case over Instagram account post

The Attorney General has been excused from participating in a High Court case by a Limerick school aimed at discovering who was behind a closed down Instagram account which allegedly made derogatory and defamatory remarks about students and teachers .
Mr Justice Garrett Simons said two weeks ago he wanted the Attorney General to be notified about the case , and possibly participate in it , because of his concerns there may be freedom of speech and public interest issues involved .
On Monday , after hearing submissions from counsel for the AG in relation to the constitutional position and @ @ @ @ @ @ @ matters , and associated issues , the judge excused the AG from participation in the case , which he then proceeded to fix for hearing in February .
The board of management of the Salesian Secondary College in Limerick is seeking orders against Facebook Ireland , owners of Instagram , aimed at identifying the users of the Instagram account at issue .
The application arose out of posts on an Instagram account which was operational for 10 days in October 2019 before it was closed down .
The board says various images and @ @ @ @ @ @ @ teachers and children which were inappropriate and some had a sexual context .
Gardaí were notified due to the sexual nature of the comments , its counsel said .
The school took steps to find out who was behind it , gained access after obtaining the password from one of the students but was unable to find out who was behind it .
Facebook had said , because of data protection concerns , it would only give out information about account holders on foot of a court order .
Mr Justice Simons said @ @ @ @ @ @ @ with a copy of the terms and conditions which apply to Instagram accounts .
He said he understood he was being asked to intervene in a contractual relationship ( between Instagram and the user ) and would need to see the terms and conditions of that contract .
Counsel for Facebook said the material will be supplied to the court .

Mr Justice Garrett Simons said two weeks ago he wanted the Attorney General to be notified about the case, and possibly participate in it, because of his concerns there may be freedom of speech and public interest issues involved. Photograph: Brenda Fitzsimons
The Attorney General has been excused from participating in a High Court case by a Limerick school aimed at discovering who was behind a closed down Instagram account which allegedly made derogatory and defamatory remarks about students and teachers.
Mr Justice Garrett Simons said two weeks ago he wanted the Attorney General to be notified about the case, and possibly participate in it, because of his concerns there may be freedom of speech and public interest issues involved.
On Monday, after hearing submissions from counsel for the AG in relation to the constitutional position and the balance of competing rights on those matters, and associated issues, the judge excused the AG from participation in the case, which he then proceeded to fix for hearing in February.
The board of management of the Salesian Secondary College in Limerick is seeking orders against Facebook Ireland, owners of Instagram, aimed at identifying the users of the Instagram account at issue.
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The application arose out of posts on an Instagram account which was operational for 10 days in October 2019 before it was closed down.
The board says various images and derogatory comments were posted on it about teachers and children which were inappropriate and some had a sexual context. Gardaí were notified due to the sexual nature of the comments, its counsel said.
The school took steps to find out who was behind it, gained access after obtaining the password from one of the students but was unable to find out who was behind it.
Facebook had said, because of data protection concerns, it would only give out information about account holders on foot of a court order.
Mr Justice Simons said on Monday he wanted to be supplied with a copy of the terms and conditions which apply to Instagram accounts. He said he understood he was being asked to intervene in a contractual relationship (between Instagram and the user) and would need to see the terms and conditions of that contract.
Counsel for Facebook said the material will be supplied to the court.


theirishtimes--2020-12-21--Hospital apologises for failings in its care of man who died of heart attack

A Dublin hospital has apologised at the High Court for failings in its care of a man who died of a heart attack four days after he first presented at the hospital with shortness of breath .
William Carpenter ( 64 ) , a father and grandfather , was referred to Beaumont Hospital on August 6th , 2013 and was noted to have a history of increasing shortness of breath .
After an ECG , he was discharged from the hospital emergency department with a prescription .
Four days later , he went back to the hospital , was admitted @ @ @ @ @ @ @ of cardiac arrest some four hours later .
Dr John O ’ Mahony , for Mr Carpenter ’ s family , said it was a profoundly sad and tragic case .
The apology on behalf of the hospital was read to the court as Mr Carpenter ’ s widow Marie , of Marino , Dublin , and family settled their action for €140,000 .
In the apology , Beaumont Hospital said , together with its clinical and nursing staff , it wished to extend “ sincere and heartfelt sympathy to the Carpenter family @ @ @ @ @ @ @ It said the hospital “ wishes to apologise unreservedly to Mrs Marie Carpenter and her family for the hospital ’ s failings and the distress and sorrow caused to the Carpenter family.
” In the action , it was claimed Mr Carpenter was referred to the emergency department of the hospital on August 6th , 2013 , was recorded as having a heart rate of 104 beats per minute and noted as having a history of increasing shortness of breath which was worse when lying down .
It was also noted he was @ @ @ @ @ @ @ because of breathlessness .
He had an ECG but it is claimed he did not undergo any other investigation .
The ECG , it was claimed , showed the presence of abnormalities and Mr Carpenter was discharged with a prescription .
Mr Carpenter continued to be unwell and went back to the hospital emergency department four days later , was transferred to the acute medical unit but suffered a heart attack there and died .
It was claimed there was failure to investigate Mr Carpenter properly or at all when he presented to @ @ @ @ @ @ @ Hospital admitted a breach of duty in its failure to investigate and admit Mr Carpenter to hospital on August 6th , 2013 .

A Dublin hospital has apologised at the High Court for failings in its care of a man who died of a heart attack four days after he first presented at the hospital with shortness of breath.
William Carpenter (64), a father and grandfather, was referred to Beaumont Hospital on August 6th, 2013 and was noted to have a history of increasing shortness of breath. After an ECG, he was discharged from the hospital emergency department with a prescription. Four days later, he went back to the hospital, was admitted to the acute medical unit and died of cardiac arrest some four hours later.
Dr John O’Mahony, for Mr Carpenter’s family, said it was a profoundly sad and tragic case.
The apology on behalf of the hospital was read to the court as Mr Carpenter’s widow Marie, of Marino, Dublin, and family settled their action for €140,000.
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In the apology, Beaumont Hospital said, together with its clinical and nursing staff , it wished to extend “sincere and heartfelt sympathy to the Carpenter family on the death of Mr Carpenter.”
It said the hospital “wishes to apologise unreservedly to Mrs Marie Carpenter and her family for the hospital’s failings and the distress and sorrow caused to the Carpenter family.”
In the action, it was claimed Mr Carpenter was referred to the emergency department of the hospital on August 6th, 2013, was recorded as having a heart rate of 104 beats per minute and noted as having a history of increasing shortness of breath which was worse when lying down.
It was also noted he was not able to sleep the previous night because of breathlessness. He had an ECG but it is claimed he did not undergo any other investigation .
The ECG, it was claimed, showed the presence of abnormalities and Mr Carpenter was discharged with a prescription.
Mr Carpenter continued to be unwell and went back to the hospital emergency department four days later, was transferred to the acute medical unit but suffered a heart attack there and died.
It was claimed there was failure to investigate Mr Carpenter properly or at all when he presented to the hospital on August 6th.
Beaumont Hospital admitted a breach of duty in its failure to investigate and admit Mr Carpenter to hospital on August 6th, 2013.


theirishtimes--2020-12-21--Getaway driver who mounted footpath, killing woman, is jailed for 7½ years

A getaway driver who lost control of a defective car following a robbery and mounted a footpath killing one woman and seriously injuring another has been jailed for 7½ years .
Darren Rowe ( 35 ) was tracked on CCTV after fleeing the scene without helping the women and was heard saying to his co-accused , “ Eddie , what am I after doing ” ?
The men were later seen in a pub drinking a pint and sitting with their heads in their hands .
Rowe , of Dunedin Terrace , Monkstown , Dublin pleaded guilty to dangerous driving @ @ @ @ @ @ @ failing to report being the driver of a vehicle involved in the occurrence of injury to Audrey Behan at Avondale Road , Killiney on March 10th .
2020 .
He also pleaded guilty to having no insurance and driving a dangerous defective vehicle .
Rowe , who has 32 previous convictions , was also disqualified from driving at the time .
Brendan McGovern , husband of Jacqueline , noted in his victim impact statement that the driver had not stopped to help in any way .
“ That callous and inhumane act troubles @ @ @ @ @ @ @ He told Dublin Circuit Criminal Court that the family would never be the same again and the loss would impact him every day for the rest of his life .
He thanked the gardaí and emergency services .
Ms Behan outlined to the court her heartbreak at the loss of her best friend whose smile she said would “ light up the darkest of rooms.
” She said the violent and reckless way Jacqueline was taken that day while they were out walking would haunt her for the rest of her life .
@ @ @ @ @ @ @ and psychological effects from her injuries .
Judge Martin Nolan noted the contents of other victim impact statements also handed in to court from other family members .
He said dangerous driving causing death was a very elastic offence ranging from no culpability to very serious cases .
He said in this case there were aggravating circumstances such as the fact Rowe was driving at reckless speed and lost control , that he was trying to escape and was driving a defective vehicle .
He also noted there was evidence that Rowe had @ @ @ @ @ @ @ He said the court did not know how much but it was relevant .
In mitigation he took into account Rowe ’ s remorse , work history , insight into his wrongdoing and that he is capable of reform .

A getaway driver who lost control of a defective car following a robbery and mounted a footpath killing one woman and seriously injuring another has been jailed for 7½ years.
Darren Rowe (35) was tracked on CCTV after fleeing the scene without helping the women and was heard saying to his co-accused, “Eddie, what am I after doing”?
The men were later seen in a pub drinking a pint and sitting with their heads in their hands.
Rowe, of Dunedin Terrace, Monkstown, Dublin pleaded guilty to dangerous driving causing the death of Jacqueline McGovern and failing to report being the driver of a vehicle involved in the occurrence of injury to Audrey Behan at Avondale Road, Killiney on March 10th. 2020.
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He also pleaded guilty to having no insurance and driving a dangerous defective vehicle.
Rowe, who has 32 previous convictions, was also disqualified from driving at the time.
A co-accused Edward Andrews (26) of Belarmine Hall, Stepaside received a 39-month sentence in October.
Brendan McGovern, husband of Jacqueline, noted in his victim impact statement that the driver had not stopped to help in any way. “That callous and inhumane act troubles me deeply,” he said.
He told Dublin Circuit Criminal Court that the family would never be the same again and the loss would impact him every day for the rest of his life. He thanked the gardaí and emergency services.
Ms Behan outlined to the court her heartbreak at the loss of her best friend whose smile she said would “light up the darkest of rooms.” She said the violent and reckless way Jacqueline was taken that day while they were out walking would haunt her for the rest of her life.
Ms Behan said she still suffers physical and psychological effects from her injuries.
Judge Martin Nolan noted the contents of other victim impact statements also handed in to court from other family members.
He said dangerous driving causing death was a very elastic offence ranging from no culpability to very serious cases.
He said in this case there were aggravating circumstances such as the fact Rowe was driving at reckless speed and lost control, that he was trying to escape and was driving a defective vehicle.
He also noted there was evidence that Rowe had been drinking prior to the offence. He said the court did not know how much but it was relevant.
In mitigation he took into account Rowe’s remorse, work history, insight into his wrongdoing and that he is capable of reform.
Judge Nolan imposed a sentence of 7½ years imprisonment.