theirishtimes--2020-11-12--PSNI’s handling of BLM protests may have been unlawful, report says

Northern Ireland ’ s Policing Board has questioned whether the force ’ s approach to Black Lives Matter protests was “ unlawful ” .
CCTV and body-worn videos provided by the PSNI from events in Belfast and Derry on June 6th reflected the absence of any careful consideration of the right to protest , the force ’ s oversight body said .
The review said it was a “ missed opportunity ” for officers to show a positive approach to the right to assembly , but acknowledged it was for the courts to assess the lawfulness of their actions .
@ @ @ @ @ @ @ ’ s report said : “ The approach sent the wrong message to protesters and damaged the reputation of the PSNI and the confidence of some members of the public .
“ Whatever the rights and wrongs of going ahead with the protests and the difficulty of social distancing given the transmission rates for the virus at the time , this approach was not lawful.
” There may be some five applications for judicial review from those involved pending .
Human rights law is supposed to shape the policing of all other laws @ @ @ @ @ @ @ of the police officers in the clips viewed appeared to consider the delicate balance required by the European Convention on Human Rights or the attempts by the protesters to obey the social distancing guidance , and instead seemed to follow the approach dictated by senior officers in advance.
” The review asked whether it was disproportionate to issue fixed-penalty notices to those who expected to be able to social distance themselves or to prosecute organisers who took genuine steps in planning the event to ensure social distancing .
It said a different approach @ @ @ @ @ @ @ of George Floyd in the US , was adopted by the Metropolitan Police in London .
“ A court is likely to take into account the urgent nature of the protests and any possible alternative ways of assembling that do not involve large crowds or the possibilities of using media to get the message out , ” it said .
“ On the other hand a court will also want to see evidence that this difficult balancing exercise was carried out by the PSNI and was regularly reviewed during the run up to @ @ @ @ @ @ @ “ In the absence of this evidence a court might rule that the actions of PSNI were unlawful.
” The issue has been resolved for the future because new regulations have important exemptions and now ban gatherings of more than 30 people , the board added .
Amnesty International ’ s Northern Ireland director Patrick Corrigan said : “ The police ’ s potentially discriminatory approach to policing BLM protests and other public gatherings seriously damaged community relations — damage which must now be repaired .
“ No-one should be left with a @ @ @ @ @ @ @ socially-distanced stand against racism.
” The report acknowledged some will point to a significant erosion of civil liberties during the pandemic .
It added : “ For example , it has been alleged that the lack of consistency in policing of gatherings : the crowded beaches left alone , the no enforcement in relation to some public political events , but unnecessary enforcement of perceived threats to the status quo and the Black Lives Matter ( BLM ) protests , people fined or convicted for trying to go about their normal lives and @ @ @ @ @ @ @ as an excuse to introduce spit and bite guards.
” Chief constable Simon Byrne said : “ We welcome the report and the scrutiny into the police response .
“ We will now take time to consider its findings and recommendations.
” – PA

PSNI chief constable Simon Byrne said: “We welcome the report and the scrutiny into the police response. We will now take time to consider its findings and recommendations.”
Northern Ireland’s Policing Board has questioned whether the force’s approach to Black Lives Matter protests was “unlawful”.
CCTV and body-worn videos provided by the PSNI from events in Belfast and Derry on June 6th reflected the absence of any careful consideration of the right to protest, the force's oversight body said.
The review said it was a “missed opportunity” for officers to show a positive approach to the right to assembly, but acknowledged it was for the courts to assess the lawfulness of their actions.
Policing Board human rights adviser John Wadham’s report said: “The approach sent the wrong message to protesters and damaged the reputation of the PSNI and the confidence of some members of the public.
READ MORE
“Whatever the rights and wrongs of going ahead with the protests and the difficulty of social distancing given the transmission rates for the virus at the time, this approach was not lawful.”
There may be some five applications for judicial review from those involved pending.
Human rights law is supposed to shape the policing of all other laws.
The report said: “None of the police officers in the clips viewed appeared to consider the delicate balance required by the European Convention on Human Rights or the attempts by the protesters to obey the social distancing guidance, and instead seemed to follow the approach dictated by senior officers in advance.”
The review asked whether it was disproportionate to issue fixed-penalty notices to those who expected to be able to social distance themselves or to prosecute organisers who took genuine steps in planning the event to ensure social distancing.
It said a different approach to demonstrations, sparked by the death of George Floyd in the US, was adopted by the Metropolitan Police in London.
“A court is likely to take into account the urgent nature of the protests and any possible alternative ways of assembling that do not involve large crowds or the possibilities of using media to get the message out,” it said.
“On the other hand a court will also want to see evidence that this difficult balancing exercise was carried out by the PSNI and was regularly reviewed during the run up to June 6th and during the event.
“In the absence of this evidence a court might rule that the actions of PSNI were unlawful.”
The issue has been resolved for the future because new regulations have important exemptions and now ban gatherings of more than 30 people, the board added.
Amnesty International's Northern Ireland director Patrick Corrigan said: "The police's potentially discriminatory approach to policing BLM protests and other public gatherings seriously damaged community relations — damage which must now be repaired.
“No-one should be left with a criminal record for taking a peaceful, socially-distanced stand against racism.”
The report acknowledged some will point to a significant erosion of civil liberties during the pandemic.
It added: “For example, it has been alleged that the lack of consistency in policing of gatherings: the crowded beaches left alone, the no enforcement in relation to some public political events, but unnecessary enforcement of perceived threats to the status quo and the Black Lives Matter (BLM) protests, people fined or convicted for trying to go about their normal lives and the fact that the pandemic was used as an excuse to introduce spit and bite guards.”
Chief constable Simon Byrne said: "We welcome the report and the scrutiny into the police response.
“We will now take time to consider its findings and recommendations.” – PA


theirishtimes--2020-11-11--Ringsend plant lacks capacity to treat wastewater to EU standard – EPA

Uncertainty and persistent delays in Irish Water ’ s delivery of critical wastewater infrastructure are undermining confidence and prolonging health risks for the public , according to the EPA .
In its report of urban wastewater treatment for 2019 , it identifies 113 priority areas where improvements are urgently needed to prevent pollution , eliminate discharges , meet EU treatment standards and protect bathing waters and freshwater pearl mussels .
These range from Ireland ’ s largest treatment plant at Ringsend in Dublin to smaller towns and villages where wastewater is significantly impacting on the local environment or creating a @ @ @ @ @ @ @ 44 per cent of wastewater from Ireland ’ s large urban areas was treated at plants complying with EU standards – up from 42 per cent in 2018 but far below the EU average of 81 per cent .
The main factor in Ireland ’ s poor compliance is the failure at the Ringsend plant which treats almost half of the country ’ s urban wastewater , it notes .
The problem is putting pressure on Dublin Bay , heightening pollution risk and contributing to poor quality bathing water .
Two years ago @ @ @ @ @ @ @ necessary treatment infrastructure by the end of 2021 for 30 of the 35 areas discharging raw sewage into waters including coastal areas , estuaries and rivers .
“ It has now revised this down to just two areas , resulting in significant delays in bringing projects to completion , ” the report finds .
In addition , “ critical assessments are being delayed which are needed to inform Irish Water ’ s investment plans ” .
Irish Water defended its rate of progress , pointing out last year seven areas were brought into @ @ @ @ @ @ @ 13 locations treatment works were upgraded or new plants were provided , and in two others raw sewage discharges were stopped .
Five sites were removed from an European Court of Justice ( ECJ ) list of inadequate facilities , and 60km of sewers were rehabilitated .
However , director of the EPA ’ s Office of Environmental Enforcement Dr Tom Ryan criticised the slow progress on delivery of projects .
Irish Water was failing to treat wastewater to national and EU standards and falling far short of its own targets to comply @ @ @ @ @ @ @ The Ringsend plant repeatedly failed treatment standards because it did not have adequate capacity – Irish Water is spending €400 million upgrading the facility which is due to be completed by 2025 .
“ These works must be a priority for Irish Water and will be closely monitored by the EPA , ” said EPA programme manager Andy Fanning .
There was no clear plan to improve treatment at 23 areas where wastewater was a significant threat to waters at risk of pollution , he said .
“ Irish Water must clearly identify @ @ @ @ @ @ @ issues at these areas and plan improvement works as early as possible.
” While the EPA accepts it is not possible to fix all problems in the short term , and resources must be directed to deliver essential improvements where most needed , it highlights : – 48 areas where wastewater is the main significant threat to inland and coastal waters at risk of pollution ( down from 57 areas the previous year ) ; – 13 areas in Cork , Kerry and Laois where improvements are needed to protect globally endangered freshwater @ @ @ @ @ @ @ areas where wastewater collection systems ( sewers ) were ruled inadequate by the ECJ .
When a collection system is inadequate it can not retain all wastewater and convey it for treatment , especially when flooding arises ; – three beaches where wastewater contributed to poor quality bathing waters ( Clifden and Ballyloughane in Co Galway , and Merrion Strand in Dublin . )
Sewers should have enough capacity to collect and retain wastewater during normal local weather conditions including seasonal variations in wastewater load , the EPA report says .
“ Storm @ @ @ @ @ @ @ rainfall , and should not be used in normal conditions to compensate for a lack of sewer capacity , ” the report warns .
Discharges from storm drain overflows have been a recurring problem in Dublin Bay in recent years .
“ We expect Irish Water to react promptly to any emergency overflow event and take all steps necessary to mitigate risks to the environment , ” it adds .
The EPA prosecuted the utility in 2019 for failing to respond appropriately to an emergency overflow of untreated sewage into Malahide marina .
@ @ @ @ @ @ @ a considerable shortage of information on the condition and performance of many systems ” .
Irish Water does not have enough data on the volume of wastewater discharged into the environment from collection systems each year , it concludes .
“ It will take substantial work and significant investment over several years to build up the necessary understanding of the condition of Ireland ’ s collection systems and to fix deficient systems.
” “ We are always striving to prioritise the best possible service improvements , while maximising value-for-money with funding available , @ @ @ @ @ @ @ said .
He added progress across a portfolio of projects was slower than anticipated “ as we deal with an unprecedented level of statutory and planning issues ” .
The list of projects and programmes was continuously being refined based on new and emerging needs , and subject to budget , technical and environmental constraints , as well as statutory approval , he said .
“ Delivering new infrastructure where it never existed presents a range of challenges – from competing investment priorities , to community support , to planning consents in addition @ @ @ @ @ @ @ up to two years for just one project , ” he said .
“ There is a concerning upward trend in the number of acquisitions subject to CPO orders which remains a last resort.
” Despite some delays Irish Water expects to start work next year in 12 more communities where raw sewage is being discharged , with the work in the majority of remaining areas to start in 2022 and 2023 .
“ Delivering the critical wastewater infrastructure to meet the needs of our growing population remains a challenge that requires significant @ @ @ @ @ @ @ years to fully address , ” Mr Gleeson said .
The report is available here .

Irish Water is spending €400m upgrading the Ringsend Wastewater Treatment Plantwhich which is due to be completed by 2025. File photograph: Maxwell Photography
Uncertainty and persistent delays in Irish Water’s delivery of critical wastewater infrastructure are undermining confidence and prolonging health risks for the public, according to the EPA.
In its report of urban wastewater treatment for 2019, it identifies 113 priority areas where improvements are urgently needed to prevent pollution, eliminate discharges, meet EU treatment standards and protect bathing waters and freshwater pearl mussels.
These range from Ireland's largest treatment plant at Ringsend in Dublin to smaller towns and villages where wastewater is significantly impacting on the local environment or creating a health risk.
The report says just 44 per cent of wastewater from Ireland’s large urban areas was treated at plants complying with EU standards – up from 42 per cent in 2018 but far below the EU average of 81 per cent.
READ MORE
The main factor in Ireland’s poor compliance is the failure at the Ringsend plant which treats almost half of the country’s urban wastewater, it notes. The problem is putting pressure on Dublin Bay, heightening pollution risk and contributing to poor quality bathing water.
Two years ago, Irish Water advised it would provide necessary treatment infrastructure by the end of 2021 for 30 of the 35 areas discharging raw sewage into waters including coastal areas, estuaries and rivers. “It has now revised this down to just two areas, resulting in significant delays in bringing projects to completion,” the report finds.
In addition, “critical assessments are being delayed which are needed to inform Irish Water’s investment plans”.
Irish Water defended its rate of progress, pointing out last year seven areas were brought into full compliance with EU standards; in 13 locations treatment works were upgraded or new plants were provided, and in two others raw sewage discharges were stopped. Five sites were removed from an European Court of Justice (ECJ) list of inadequate facilities, and 60km of sewers were rehabilitated.
However, director of the EPA's Office of Environmental Enforcement Dr Tom Ryan criticised the slow progress on delivery of projects.
Irish Water was failing to treat wastewater to national and EU standards and falling far short of its own targets to comply with these standards, he said.
The Ringsend plant repeatedly failed treatment standards because it did not have adequate capacity – Irish Water is spending €400 million upgrading the facility which is due to be completed by 2025.
"These works must be a priority for Irish Water and will be closely monitored by the EPA," said EPA programme manager Andy Fanning.
There was no clear plan to improve treatment at 23 areas where wastewater was a significant threat to waters at risk of pollution, he said. “Irish Water must clearly identify when and how it will resolve the issues at these areas and plan improvement works as early as possible.”
While the EPA accepts it is not possible to fix all problems in the short term, and resources must be directed to deliver essential improvements where most needed, it highlights:
– 48 areas where wastewater is the main significant threat to inland and coastal waters at risk of pollution (down from 57 areas the previous year);
– 13 areas in Cork, Kerry and Laois where improvements are needed to protect globally endangered freshwater pearl mussels;
– seven large urban areas where wastewater collection systems (sewers) were ruled inadequate by the ECJ. When a collection system is inadequate it cannot retain all wastewater and convey it for treatment, especially when flooding arises;
– three beaches where wastewater contributed to poor quality bathing waters (Clifden and Ballyloughane in Co Galway, and Merrion Strand in Dublin.)
Storm overflows
Sewers should have enough capacity to collect and retain wastewater during normal local weather conditions including seasonal variations in wastewater load, the EPA report says.
“Storm water overflows should only trigger in extreme rainfall, and should not be used in normal conditions to compensate for a lack of sewer capacity,” the report warns. Discharges from storm drain overflows have been a recurring problem in Dublin Bay in recent years.
"We expect Irish Water to react promptly to any emergency overflow event and take all steps necessary to mitigate risks to the environment," it adds. The EPA prosecuted the utility in 2019 for failing to respond appropriately to an emergency overflow of untreated sewage into Malahide marina.
The problem is being exacerbated by “a considerable shortage of information on the condition and performance of many systems”. Irish Water does not have enough data on the volume of wastewater discharged into the environment from collection systems each year, it concludes.
“It will take substantial work and significant investment over several years to build up the necessary understanding of the condition of Ireland’s collection systems and to fix deficient systems.”
Future outlook
"We are always striving to prioritise the best possible service improvements, while maximising value-for-money with funding available," Irish Water managing director Niall Gleeson said. He added progress across a portfolio of projects was slower than anticipated "as we deal with an unprecedented level of statutory and planning issues".
The list of projects and programmes was continuously being refined based on new and emerging needs, and subject to budget, technical and environmental constraints, as well as statutory approval, he said.
“Delivering new infrastructure where it never existed presents a range of challenges – from competing investment priorities, to community support, to planning consents in addition to land acquisition which can take to up to two years for just one project,” he said. “There is a concerning upward trend in the number of acquisitions subject to CPO orders which remains a last resort.”
Despite some delays Irish Water expects to start work next year in 12 more communities where raw sewage is being discharged, with the work in the majority of remaining areas to start in 2022 and 2023.
“Delivering the critical wastewater infrastructure to meet the needs of our growing population remains a challenge that requires significant investment and extensive engagement which will take years to fully address,” Mr Gleeson said.
The report is available here.


theirishtimes--2020-11-11--Watchdog flags sewage discharge into towns, villages countrywide

Raw sewage from 35 towns and villages across the State continues to be discharged into nearby waters , according to an Environmental Protection Agency report which is highly critical of Irish Water ’ s delivery of new treatment plants .
In a report on urban wastewater treatment for 2019 , the agency accuses the utility of pushing back deadlines and of having “ no clear plan ” for 23 of the towns and villages on the list .
In all , 33 places are unlikely to receive treatment until an undetermined date after 2021 , it warns – including Arklow @ @ @ @ @ @ @ population of 32,000 .
Meanwhile , treatment at 19 of of the State ’ s 172 large towns and cities , including Dublin and Cork , failed to meet European Union pollution standards – although this is down from the 28 places registered previously .
Some improvements are evident , the report accepts .
Raw sewage discharges have stopped in one town , while improvements to wastewater treatment have been made in nine towns and villages .
However , Irish Water has “ repeatedly revised its plans and extended the timeframe to provide @ @ @ @ @ @ @ that are discharging raw sewage ” , it says .
Director of the agency ’ s Office of Environmental Enforcement Dr Tom Ryan said raw sewage discharges pose an unacceptable risk to the environment and public health .
Growing uncertainty in Irish Water ’ s planning and delivery of critical projects is undermining confidence in its ability to reduce public health and environment risks quickly , he added .
Defending the utility ’ s record , Irish Water managing director Niall Gleeson said €308 million was spent in 2019 improving wastewater treatment – @ @ @ @ @ @ @ “ We are making real and tangible progress , ” he said .
The amount of untreated and inadequately treated wastewater being discharged has fallen by half since 2014 , he said , while planning issues had delayed some other projects .

The EPA report notes that 33 places are unlikely to receive treatment until an undetermined date after 2021. File photograph: Getty
Raw sewage from 35 towns and villages across the State continues to be discharged into nearby waters, according to an Environmental Protection Agency report which is highly critical of Irish Water’s delivery of new treatment plants.
In a report on urban wastewater treatment for 2019, the agency accuses the utility of pushing back deadlines and of having “no clear plan” for 23 of the towns and villages on the list.
In all, 33 places are unlikely to receive treatment until an undetermined date after 2021, it warns – including Arklow and Cobh, which have a combined population of 32,000.
Meanwhile, treatment at 19 of of the State’s 172 large towns and cities, including Dublin and Cork, failed to meet European Union pollution standards – although this is down from the 28 places registered previously.
READ MORE
Some improvements are evident, the report accepts. Raw sewage discharges have stopped in one town, while improvements to wastewater treatment have been made in nine towns and villages.
However, Irish Water has “repeatedly revised its plans and extended the timeframe to provide treatment for towns and villages including those that are discharging raw sewage”, it says.
Director of the agency's Office of Environmental Enforcement Dr Tom Ryan said raw sewage discharges pose an unacceptable risk to the environment and public health.
Reducing risks
Growing uncertainty in Irish Water’s planning and delivery of critical projects is undermining confidence in its ability to reduce public health and environment risks quickly, he added.
Defending the utility's record, Irish Water managing director Niall Gleeson said €308 million was spent in 2019 improving wastewater treatment – up by €78 million from 2018. "We are making real and tangible progress," he said.
The amount of untreated and inadequately treated wastewater being discharged has fallen by half since 2014, he said, while planning issues had delayed some other projects.


theirishtimes--2020-11-11--Police issue 40 fines at south Belfast house party over Covid-19 breaches

The police in Northern Ireland have issued 40 fines at a house party in south Belfast which breached the coronavirus regulations .
The Police Service of Northern Ireland ( PSNI ) said that 19 people had locked themselves in a bedroom and refused to come out , and another two people were found hiding in the attic .
Four Covid-19 prohibition notices were also issued , and two people received fixed penalty notices for obstructing police .
Sergeant Stuart Jackson said that just before 12.40am on Wednesday police received a report of a “ large , noisy house party ” @ @ @ @ @ @ @ Officers attended a terraced property and located a large number of people inside , ” he said .
“ At one point , 19 people locked themselves in a bedroom and initially refused to come out .
A further two people were found hiding in the attic .
“ After issuing 32 Covid 1 notices [ FINES ] , four Covid 2 notices and two fixed penalty tickets , police officers remained at the scene until people left the area , ” he said .
However police returned just after 8.15 am after @ @ @ @ @ @ @ had restarted , and issued a further eight fines .
Sgt Jackson said the “ young people congregating or travelling to this area really need to consider their actions for their own health and that of the community of this residential area.
” Police , he said , would now engage with universities and further education providers , “ who may consider taking action if any of their students were involved with this party.
” According to the most recent figures , to November 9th , the PSNI has issued 1,983 fines for @ @ @ @ @ @ @ beginning of the pandemic .
A total of 500 Covid 2 prohibition notices were issued , which included 414 for gatherings in private dwellings and 86 to licenced premises , while 48 people have been fined £1,000 for failing to self-isolate .

Four Covid-19 prohibition notices were also issued, and two people received fixed penalty notices for obstructing police.
The police in Northern Ireland have issued 40 fines at a house party in south Belfast which breached the coronavirus regulations.
The Police Service of Northern Ireland (PSNI) said that 19 people had locked themselves in a bedroom and refused to come out, and another two people were found hiding in the attic.
Four Covid-19 prohibition notices were also issued, and two people received fixed penalty notices for obstructing police.
Sergeant Stuart Jackson said that just before 12.40am on Wednesday police received a report of a "large, noisy house party" in the Penrose Street area.
READ MORE
“Officers attended a terraced property and located a large number of people inside,” he said.
“At one point, 19 people locked themselves in a bedroom and initially refused to come out. A further two people were found hiding in the attic.
“After issuing 32 Covid 1 notices [FINES], four Covid 2 notices and two fixed penalty tickets, police officers remained at the scene until people left the area,” he said.
However police returned just after 8.15 am after receiving a further complaint that the party had restarted, and issued a further eight fines.
Sgt Jackson said the “young people congregating or travelling to this area really need to consider their actions for their own health and that of the community of this residential area.”
Police, he said, would now engage with universities and further education providers, “who may consider taking action if any of their students were involved with this party.”
According to the most recent figures, to November 9th, the PSNI has issued 1,983 fines for breaches of the coronavirus regulations since the beginning of the pandemic.
A total of 500 Covid 2 prohibition notices were issued, which included 414 for gatherings in private dwellings and 86 to licenced premises, while 48 people have been fined £1,000 for failing to self-isolate.


theirishtimes--2020-11-11--Families need clarity on Covid-19 restrictions ahead of Chrismas, party meetings told

Families should be given clarity over Covid-19 restrictions ahead of Christmas , while the risk of ongoing economic and social damage from lockdowns needs to be guarded against , meetings of the two largest Government parties have heard .
As part of a wide-ranging discussion of Covid-19 strategy at the Fianna Fail parliamentary party , contributions were heard on the need for clarity over what restrictions would be in place over Christmas , sources said .
Cormac Devlin , the Dun-Laoghaire Rathdown TD , said that subject to public health advice , Level 2 “ with tweaks ” should be @ @ @ @ @ @ @ for Christmas , as well as indoor hospitality and religious services to be accommodated .
Taoiseach Micheal Martin told the Dáil earlier on Wednesday that he would like to get back to Level 3 restrictions for December 1st .
“ That was a target , ” he said .
John Lahart , the Dublin South West TD , told the party meeting that Level 3 restrictions would be demoralising for people .
He also argued that some in the hospitality trade had not worked since March or late September , and that the @ @ @ @ @ @ @ with Covid subsidy payment alone was not something that the Government should “ easily accept ” The meeting also heard that there needed to be as much support as possible for the hospitality and retail sectors during the Christmas period , as it offered an opportunity for merchants to make up ground lost during the year .
Meanwhile , TDs and Senators also warned that if the hospitality sector wasn ’ t permitted to open up around Christmas , there was an increased risk of house parties , which have been blamed for @ @ @ @ @ @ @ to the reintroduction of stricter measures .
The Fianna Fáil parliamentary party meeting heard lengthy contributions on the need to get a message of hope to the public that the sacrifices they had made during lockdown would be worthwhile .
Earlier , the Fine Gael parliamentary party heard of the risk of economic and social damage caused by going into and out of lockdowns .
The party agreed a motion on Wednesday night to seek time in the Dáil and Seanad on planning for the lifting of Level 5 , so that ideas @ @ @ @ @ @ @ the pandemic ” be heard “ as soon as possible ” .
Tánaiste Leo Varadkar spoke in favour of the motion , brought by former Minister for Housing Eoghan Murphy .
Mr Murphy is understood to have told the meeting that the country couldn ’ t keep going in and out of lockdown .
The Dublin Bay South TD recently wrote an article for The Irish Times arguing that the National Emergency Co-ordination Group ( NECG ) , a standing body recently used to manage the State ’ s response to extreme weather @ @ @ @ @ @ @ manage the response to Covid-19 .
The motion was seconded by Sean Kyne , and also supported by Fine Gael parliamentary party chairman Richard Bruton , as well as Kildare North TD Bernard Durkan .
Mr Bruton is understood to have told the meeting that the current period of lockdown must be used to ensure all tools are optimised for once restrictions are lifted , in order to minimise the degree to which harsher measures may have to be reintroduced .
Dublin Mid-West TD Emer Higgins also spoke in favour of the motion @ @ @ @ @ @ @ be made available to different industries so they could better understand whether or not they should open in the various stages of the State ’ s lockdown plan .
At the Fianna Fail meeting , Cavan-Monaghan TD Brendan Smith said there should be an all-island dimension to dealing with Covid , and that there was a need to have restrictions north and south of the border as similar as possible , while Cork North-Central TD Pádraig O ’ Sullivan raised the issue of public worship .
The Fine Gael parliamentary party was also @ @ @ @ @ @ @ , that they should not make any comment on the row between Supreme Court Judge Seamus Woulfe and the Chief Justice , Frank Clarke , who has told the former Attorney General he should step down .
The issue was also raised at the Fianna Fáil party meeting , where Sligo-Leitrim TD Marc MacSharry told colleagues he felt the issue was more the responsibility of the judiciary than the oireachtas to address .
He said that a process had been established under Susan Denham , after which followed what he described as a @ @ @ @ @ @ @ senior member of the judiciary expressing a personal opinion which differed from Denham ’ s report .
The Fianna Fáil meeting also heard from John McGuinness , the Carlow-Kilkenny TD , who called on the Government to secure capacity with shipping companies for road haulage to the EU , while Fiona O ’ Loughlin , Jackie Cahill and Christopher O ’ Sullivan raised Brexit issues regarding the agriculture and food production industries .

Taoiseach Micheál Martin has told the Dáil that the Government is targeting a return to Level 3 Covid-19 restrictions by December 1st. Video: Oireachtas TV
Families should be given clarity over Covid-19 restrictions ahead of Christmas, while the risk of ongoing economic and social damage from lockdowns needs to be guarded against, meetings of the two largest Government parties have heard.
As part of a wide-ranging discussion of Covid-19 strategy at the Fianna Fail parliamentary party, contributions were heard on the need for clarity over what restrictions would be in place over Christmas, sources said.
Cormac Devlin, the Dun-Laoghaire Rathdown TD, said that subject to public health advice, Level 2 “with tweaks” should be introduced, allowing people to travel home for Christmas, as well as indoor hospitality and religious services to be accommodated.
Taoiseach Micheal Martin told the Dáil earlier on Wednesday that he would like to get back to Level 3 restrictions for December 1st. “That was a target,” he said.
READ MORE
John Lahart, the Dublin South West TD, told the party meeting that Level 3 restrictions would be demoralising for people.
He also argued that some in the hospitality trade had not worked since March or late September, and that the prospect of these people heading into Christmas with Covid subsidy payment alone was not something that the Government should “easily accept”
The meeting also heard that there needed to be as much support as possible for the hospitality and retail sectors during the Christmas period, as it offered an opportunity for merchants to make up ground lost during the year.
Meanwhile, TDs and Senators also warned that if the hospitality sector wasn't permitted to open up around Christmas, there was an increased risk of house parties, which have been blamed for being a major driver of infection prior to the reintroduction of stricter measures. The Fianna Fáil parliamentary party meeting heard lengthy contributions on the need to get a message of hope to the public that the sacrifices they had made during lockdown would be worthwhile.
Earlier, the Fine Gael parliamentary party heard of the risk of economic and social damage caused by going into and out of lockdowns.
The party agreed a motion on Wednesday night to seek time in the Dáil and Seanad on planning for the lifting of Level 5, so that ideas “for this next phase of managing the pandemic” be heard “as soon as possible”.
Tánaiste Leo Varadkar spoke in favour of the motion, brought by former Minister for Housing Eoghan Murphy. Mr Murphy is understood to have told the meeting that the country couldn't keep going in and out of lockdown.
The Dublin Bay South TD recently wrote an article for The Irish Times arguing that the National Emergency Co-ordination Group (NECG), a standing body recently used to manage the State's response to extreme weather events, could also be used to manage the response to Covid-19.
The motion was seconded by Sean Kyne, and also supported by Fine Gael parliamentary party chairman Richard Bruton, as well as Kildare North TD Bernard Durkan. Mr Bruton is understood to have told the meeting that the current period of lockdown must be used to ensure all tools are optimised for once restrictions are lifted, in order to minimise the degree to which harsher measures may have to be reintroduced.
Dublin Mid-West TD Emer Higgins also spoke in favour of the motion, and called for more information to be made available to different industries so they could better understand whether or not they should open in the various stages of the State's lockdown plan.
At the Fianna Fail meeting, Cavan-Monaghan TD Brendan Smith said there should be an all-island dimension to dealing with Covid, and that there was a need to have restrictions north and south of the border as similar as possible, while Cork North-Central TD Pádraig O'Sullivan raised the issue of public worship.
The Fine Gael parliamentary party was also warned by party leader, Mr Varadkar, that they should not make any comment on the row between Supreme Court Judge Seamus Woulfe and the Chief Justice, Frank Clarke, who has told the former Attorney General he should step down.
The issue was also raised at the Fianna Fáil party meeting, where Sligo-Leitrim TD Marc MacSharry told colleagues he felt the issue was more the responsibility of the judiciary than the oireachtas to address. He said that a process had been established under Susan Denham, after which followed what he described as a "rather contradictory" letter from a senior member of the judiciary expressing a personal opinion which differed from Denham's report.
The Fianna Fáil meeting also heard from John McGuinness, the Carlow-Kilkenny TD, who called on the Government to secure capacity with shipping companies for road haulage to the EU, while Fiona O'Loughlin, Jackie Cahill and Christopher O'Sullivan raised Brexit issues regarding the agriculture and food production industries.


theirishtimes--2020-11-11--Judge in divorce case criticises husband’s ‘mean-spirited’ behaviour

A High Court judge , in granting a woman a decree of divorce , has found her estranged husband has still not fully disclosed his financial position and engaged in “ bad ” and “ mean-spirited ” behaviour towards her .
The man had sought to depict himself as a “ reasonable ” man seeking only what is fair and wishing his estranged wife well , Mr Justice Max Barrett said .
However , over a prolonged period , he behaved badly towards her , requiring her , when she has little money , repeatedly to engage lawyers and seek @ @ @ @ @ @ @ including to pay his share of utility bills , the judge said .
He had behaved in a “ volatile ” manner , with the result the woman previously obtained an interim barring order against him , later replaced by a related undertaking .
The woman was so fearful she left the family home at one point .
While the man maintained he has never been violent towards her , “ by which he presumably means he has not hit her ” , that was to mistake the nature of an interim barring @ @ @ @ @ @ @ currently live separately in a partitioned family home and the man has taken to making noise at irregular hours and had argued the woman required court orders to cross into his section to turn on the heating .
He also sought to introduce an intimate and irrelevant detail from the woman ’ s “ long-distant past ” which he “ insensitively , even cruelly ” described as “ baggage ” , before the court stopped him .
“ If a man is inclined to treat his estranged wife with such disregard/discourtesy in court @ @ @ @ @ @ @ uphill battle in seeking to establish his being more generally a reasonable man.
” The couple married some years ago and have adult children .
They have been separated for more than two years and the wife said there was no possibility of reconciliation .
The judge said both had gambled heavily on property with borrowed monies but the woman , in the mid noughties , become worried about their financial exposure , declined to participate further in that and instead combined being a homemaker with running her own business .
The man @ @ @ @ @ @ @ weakness for property gambling ” , continued and persuaded some of their children to join him , leading to the children ’ s lives and/or credit ratings being “ considerably blighted ” .
All of the property gambles came to a “ disastrous end “ when the property bubble burst in about 2008 , following which one creditor secured a judgment for many millions in respect of borrowings secured on a particular property and a second appointed a receiver over the couple ’ s mortgaged properties .
The judge contrasted the response of @ @ @ @ @ @ @ saying the woman consistently sought , in a “ candid and sensible ” manner , to arrive at some form of agreement with creditors and with her husband .
While the man argued he has done the same , “ regrettably , he has not always done so ” .
The woman ’ s “ consistent realism ” consistently yielded proposed settlement agreements including the one now before court but the man never achieved like success .
The current situation is the man , despite being given “ every chance ” to remedy @ @ @ @ @ @ @ his financial affairs , has not done so .
The woman nonetheless wishes to be divorced and to see her financial affairs resolved to the greatest extent possible .
The judge said he would grant a decree of divorce and make orders concerning division of assets .
He noted one creditor had agreed to take a fraction of the “ enormous ” sum owing to it as a full and final settlement , having considered what is practically realisable from the remaining assets .
Both creditors were to be commended for their approach @ @ @ @ @ @ @ ’ s advisers , involving the sale of the family home and other property , which settlement was “ very considerably to the man ’ s benefit ” .
He made orders for sale of the family home and giving the woman sole residence there pending the sale .
The man must leave there within eight weeks .
The woman can apply to court in the interim if he continues with his difficult behaviour and enter his section to turn on the heating .
After a mortgage is paid from the sale proceeds @ @ @ @ @ @ @ the creditors from the net sale proceeds .
Distribution of any remaining proceeds will be decided later by the court .
An order was made for sale of other properties with distribution of the proceeds to be decided later .
Other orders include for the man to retain his “ generous ” pension but , if he pre-deceases the woman , she will be entitled to various benefits from the pension .
The woman is to retain a property which she had inherited in her own right and where she operates her business @ @ @ @ @ @ @ per cent owner of an interest in another apparently marital property .
For reasons including failure to make adequate financial disclosures , the judge directed the man to pay half of the woman ’ s legal costs .

The judge made orders for sale of the family home and giving the woman sole residence there pending the sale.
A High Court judge, in granting a woman a decree of divorce, has found her estranged husband has still not fully disclosed his financial position and engaged in "bad" and "mean-spirited" behaviour towards her.
The man had sought to depict himself as a "reasonable" man seeking only what is fair and wishing his estranged wife well, Mr Justice Max Barrett said. However, over a prolonged period, he behaved badly towards her, requiring her, when she has little money, repeatedly to engage lawyers and seek all manner of orders against him, including to pay his share of utility bills, the judge said.
He had behaved in a “volatile” manner, with the result the woman previously obtained an interim barring order against him, later replaced by a related undertaking.
The woman was so fearful she left the family home at one point.
READ MORE
While the man maintained he has never been violent towards her, “by which he presumably means he has not hit her”, that was to mistake the nature of an interim barring order and the undertaking.
The couple currently live separately in a partitioned family home and the man has taken to making noise at irregular hours and had argued the woman required court orders to cross into his section to turn on the heating.
He also sought to introduce an intimate and irrelevant detail from the woman’s “long-distant past” which he “insensitively, even cruelly” described as “baggage”, before the court stopped him.
“If a man is inclined to treat his estranged wife with such disregard/discourtesy in court, he will find himself facing an uphill battle in seeking to establish his being more generally a reasonable man.”
The couple married some years ago and have adult children. They have been separated for more than two years and the wife said there was no possibility of reconciliation.
Disastrous
The judge said both had gambled heavily on property with borrowed monies but the woman, in the mid noughties, become worried about their financial exposure, declined to participate further in that and instead combined being a homemaker with running her own business.
The man, who appeared to have “a weakness for property gambling”, continued and persuaded some of their children to join him, leading to the children’s lives and/or credit ratings being “considerably blighted”.
All of the property gambles came to a “disastrous end “when the property bubble burst in about 2008, following which one creditor secured a judgment for many millions in respect of borrowings secured on a particular property and a second appointed a receiver over the couple’s mortgaged properties.
The judge contrasted the response of the couple to their financial problems, saying the woman consistently sought, in a “candid and sensible” manner, to arrive at some form of agreement with creditors and with her husband.
While the man argued he has done the same, “regrettably, he has not always done so”.
The woman’s “consistent realism” consistently yielded proposed settlement agreements including the one now before court but the man never achieved like success.
The current situation is the man, despite being given “every chance” to remedy his behaviour and provide full details of his financial affairs, has not done so. The woman nonetheless wishes to be divorced and to see her financial affairs resolved to the greatest extent possible.
The judge said he would grant a decree of divorce and make orders concerning division of assets.
He noted one creditor had agreed to take a fraction of the “enormous” sum owing to it as a full and final settlement, having considered what is practically realisable from the remaining assets.
Both creditors were to be commended for their approach to settlement agreements reached with the woman’s advisers, involving the sale of the family home and other property, which settlement was “very considerably to the man’s benefit”.
He made orders for sale of the family home and giving the woman sole residence there pending the sale. The man must leave there within eight weeks. The woman can apply to court in the interim if he continues with his difficult behaviour and enter his section to turn on the heating.
After a mortgage is paid from the sale proceeds, agreed payments will be made to the creditors from the net sale proceeds. Distribution of any remaining proceeds will be decided later by the court. An order was made for sale of other properties with distribution of the proceeds to be decided later.
Other orders include for the man to retain his “generous” pension but, if he pre-deceases the woman, she will be entitled to various benefits from the pension.
The woman is to retain a property which she had inherited in her own right and where she operates her business and was also declared to be 50 per cent owner of an interest in another apparently marital property.
For reasons including failure to make adequate financial disclosures, the judge directed the man to pay half of the woman’s legal costs.


theirishtimes--2020-11-11--Bank accounts with €260,000 frozen following CAB investigations

Bank accounts containing more than €260,000 were frozen on Wednesday on foot of two ongoing investigations by the Criminal Assets Bureau ( CAB ) .
The first investigation was initiated following contact on Tuesday by a US federal agency investigating a company involved in the illegal manufacture of drugs contrary to US law .
The US federal agency had identified an Irish bank account which was being used to receive funds as part of this crime and for onward transmission to a bank account in another country .
An investigation was commenced by CAB in cooperation with the US agency @ @ @ @ @ @ @ an Irish bank account .
A spokesman for the Garda said the investigation remains ongoing “ and is an example of CAB working with its international law enforcement partners to deny and deprive criminals of assets , wherever situated and derived , directly or indirectly , from criminal activity ” .
The second investigation is part of CAB ’ s involvement in Operation Thor , which targets organised crime groups involved in burglaries and thefts across the country .
Wednesday ’ s actions are a follow-on from the CAB operation on October 29th @ @ @ @ @ @ @ Wicklow .
Cash , watches , and designer clothes were seized during those raids .
CAB ’ s subsequent investigations identified an additional bank account belonging to this particular gang and a further €110,000 has been frozen , bringing the total frozen as part of this particular CAB investigation to €358,000 .
The Garda spokesman said Wednesday ’ s operation was “ another significant development ” in the investigation into the assets of this gang .

An investigation was commenced by CAB in cooperation with a US federal agency.
Bank accounts containing more than €260,000 were frozen on Wednesday on foot of two ongoing investigations by the Criminal Assets Bureau (CAB).
The first investigation was initiated following contact on Tuesday by a US federal agency investigating a company involved in the illegal manufacture of drugs contrary to US law.
The US federal agency had identified an Irish bank account which was being used to receive funds as part of this crime and for onward transmission to a bank account in another country.
An investigation was commenced by CAB in cooperation with the US agency and approximately €150,000 was subsequently frozen in an Irish bank account.
READ MORE
A spokesman for the Garda said the investigation remains ongoing “and is an example of CAB working with its international law enforcement partners to deny and deprive criminals of assets, wherever situated and derived, directly or indirectly, from criminal activity”.
The second investigation is part of CAB’s involvement in Operation Thor, which targets organised crime groups involved in burglaries and thefts across the country.
Wednesday’s actions are a follow-on from the CAB operation on October 29th where searches were conducted in Dublin and Wicklow. Cash, watches, and designer clothes were seized during those raids.
CAB’s subsequent investigations identified an additional bank account belonging to this particular gang and a further €110,000 has been frozen, bringing the total frozen as part of this particular CAB investigation to €358,000.
The Garda spokesman said Wednesday’s operation was “another significant development” in the investigation into the assets of this gang.


theirishtimes--2020-11-11--Co-living developments may be the slums of the next decade, housing seminar told

The Department of Housing has “ serious questions to answer ” about whose interests it is serving , while co-living developments may be the slums of the next decade , a housing seminar heard on Wednesday .
Aideen Hayden , chair of Threshold , was speaking at an online seminar to publish its tenant sentiment survey the findings of which she described as “ grim ” .
Conducted between February and August and drawing on in-depth interviews with 150 tenants in the private-rented sector , it found just 15 per cent were renting by choice , with the remaining 85 @ @ @ @ @ @ @ or access social housing .
The vast majority ( 91 per cent ) of tenants found it difficult or extremely difficult to find rental accommodation ; 57 per cent were paying more than 30 per cent of their take-home pay on rent and nearly a fifth ( 19 per cent ) were paying more than 50 per cent on rent .
Underlining the frequency with which tenants had to move , it found 70 per cent had lived in the sector for six years or more , but just 20 per cent had @ @ @ @ @ @ @ years or more and 41 per cent were in their current home for 12 month or less .
These were mainly “ forced moves from one home to another ” said Ann Marie O ’ Reilly , policy officer with Threshold .
“ It is not surprising people do not want to live in the private rented sector.
” Niamh Hourigan , senior lecturer at the Department of Sociology in University College Cork said it was “ astonishing ” that none of the five ministers in charge of the Department of Housing in @ @ @ @ @ @ @ impact on what ’ s going on in the private rented sector or housing market ” .
People ’ s ire at the ongoing housing crisis should not be directed at housing ministers , but at senior civil servants within it .
“ Why is the housing crisis not being solved ?
What is going on in the Department of Housing ?
” she asked .
“ Whose interests are being represented at the table where the decisions are being taken , decisions which are perpetuating rather than solving the crisis ?
Is @ @ @ @ @ @ @ investors and other private sector interests ?
“ It is very clear it is not the interests of the majority of Irish citizens who are being increasingly excluded from the…housing sector as either purchasers or as renters in secure tenancies .
“ The Department of Housing has serious questions to answer I believe about how they are protecting the public interests and who they are actually serving.
” The Covid-19 crisis has underlined the mismatch between policy and the needs of citizens “ to farcical proportions ” .
“ We now have cities @ @ @ @ @ @ @ tenancies who are walking down streets full of empty shops and vacant housing provision .
The only form of housing the Department of Housing can muster any enthusiasm for is co-living aimed at young millennials , ” said Ms Hourigan .
Ms O ’ Reilly could not see a place for co-living developments in a housing system where quality homes were affordable .
“ I don ’ t see anyone who wants to pay well over the odds for a box room and then share their kitchen with 15 , 20 , 30 @ @ @ @ @ @ @ time .
While developers are permitted to build the likes of co-living they are not going to want to build housing that is more suitable for long-term occupation.
” Ms Hayden said Threshold ’ s concern was that co-living was part of a “ race to the bottom ” in housing .
“ What will that accommodation be used for in five or ten years ’ time .
Will they end up as slums ?
”

The Department of Housing has “serious questions to answer” about whose interests it is serving, while co-living developments may be the slums of the next decade, a housing seminar heard on Wednesday.
Aideen Hayden, chair of Threshold, was speaking at an online seminar to publish its tenant sentiment survey the findings of which she described as "grim".
Conducted between February and August and drawing on in-depth interviews with 150 tenants in the private-rented sector, it found just 15 per cent were renting by choice, with the remaining 85 per cent unable to buy their own or access social housing.
The vast majority (91 per cent) of tenants found it difficult or extremely difficult to find rental accommodation; 57 per cent were paying more than 30 per cent of their take-home pay on rent and nearly a fifth (19 per cent) were paying more than 50 per cent on rent.
READ MORE
Underlining the frequency with which tenants had to move, it found 70 per cent had lived in the sector for six years or more, but just 20 per cent had lived in their current home for six years or more and 41 per cent were in their current home for 12 month or less.
These were mainly “forced moves from one home to another” said Ann Marie O’Reilly, policy officer with Threshold. “It is not surprising people do not want to live in the private rented sector.”
Niamh Hourigan, senior lecturer at the Department of Sociology in University College Cork said it was "astonishing" that none of the five ministers in charge of the Department of Housing in the last decade had any "significant impact on what's going on in the private rented sector or housing market".
People’s ire at the ongoing housing crisis should not be directed at housing ministers, but at senior civil servants within it.
“Why is the housing crisis not being solved? What is going on in the Department of Housing?” she asked.
“Whose interests are being represented at the table where the decisions are being taken, decisions which are perpetuating rather than solving the crisis? Is it the interests of banks, institutional investors and other private sector interests?
“It is very clear it is not the interests of the majority of Irish citizens who are being increasingly excluded from the…housing sector as either purchasers or as renters in secure tenancies.
“The Department of Housing has serious questions to answer I believe about how they are protecting the public interests and who they are actually serving.”
The Covid-19 crisis has underlined the mismatch between policy and the needs of citizens “to farcical proportions”.
“We now have cities full of homeless and people in insecure tenancies who are walking down streets full of empty shops and vacant housing provision. The only form of housing the Department of Housing can muster any enthusiasm for is co-living aimed at young millennials,” said Ms Hourigan.
Ms O’Reilly could not see a place for co-living developments in a housing system where quality homes were affordable. “I don’t see anyone who wants to pay well over the odds for a box room and then share their kitchen with 15, 20, 30 other people for any extended period of time. While developers are permitted to build the likes of co-living they are not going to want to build housing that is more suitable for long-term occupation.”
Ms Hayden said Threshold’s concern was that co-living was part of a “race to the bottom” in housing. “What will that accommodation be used for in five or ten years’ time. Will they end up as slums?”


theirishtimes--2020-11-11--Gardaí review video calls as part of inquiry into deaths of mother and children

Gardaí investigating the killing of Seema Banu and her two children in south Dublin are reviewing recordings of video calls she made to her family in a distressed state shortly before her death .
Detectives are still trying to establish the exact circumstances of the three deaths .
Ms Banu ( 37 ) , her daughter Asfira Riza ( 11 ) and son Faizan Syed ( 6 ) were found by gardaí in their home at Llewellyn Court , Ballinteer on October 28th .
Postmortems showed all three died as a result of strangulation and a ligature was found near @ @ @ @ @ @ @ murder investigation is ongoing with gardaí trying to establish if Ms Banu killed herself and her children or if all three were murdered by another person .
It is understood crime scene and pathology evidence has not yet pointed definitively in either direction .
Ms Banu had made a complaint to gardaí of assault shortly before her death and had obtained a court order directing a male person to stay away from her .
In one video call to her family in India , details of which were reported by the Irish Daily @ @ @ @ @ @ @ feared for her life and intended to return home to India in the very near future .
Her family recorded the call and have sent it to gardaí .
Garda sources have confirmed this footage will form an important part of their investigation .
“ An Garda Síochána are continuing a comprehensive and complex investigation in this matter .
There is no further updates to report at this time , ” said a Garda spokesman .
Gardaí have spoken to one person , who had been described by sources as a someone of @ @ @ @ @ @ @ found .
But no arrests have been made .
Ms Banu and her children were buried together last week in Newcastle Cemetery in Dublin following a small ceremony attended by her husband Sameer Syed and Indian ambassador Sandeep Kumar .
Her family watched via webcam from their village of Halaganahalli .
Ms Banu ’ s family had requested the remains be returned home to Karnataka region in India .
But Mr Syed indicated he wished for the burials to take place in Ireland in line with Islamic tradition that the dead are buried @ @ @ @ @ @ @ family have been vocal in the Indian and Irish media that she did not take her own life .
They have also conveyed this belief to gardaí through a family liaison officer .
Detectives have interviewed Ms Banu ’ s elderly parents and her brother via video call about her mood and behaviour in the lead-up to the deaths .
Family members described Ms Banu as being extremely distressed and fearful in her contacts with them , including showing them recent injuries she had suffered .
Ms Banu , who was one of @ @ @ @ @ @ @ from a farming family near the city of Mysuru .
She married Mr Syed , a software engineer , 13 years ago and lived in Dubai before moving to Ireland last February and enrolling Asfira and Faizan in the local Ballinteer Educate Together National School .
The Health Service Executive is providing psychological support to staff and students at the school .

Crime scene and pathology evidence has not yet revealed the detail of Seema Banu’s and her two children’s deaths. File photograph: The Irish Times
Gardaí investigating the killing of Seema Banu and her two children in south Dublin are reviewing recordings of video calls she made to her family in a distressed state shortly before her death.
Detectives are still trying to establish the exact circumstances of the three deaths. Ms Banu (37), her daughter Asfira Riza (11) and son Faizan Syed (6) were found by gardaí in their home at Llewellyn Court, Ballinteer on October 28th. Postmortems showed all three died as a result of strangulation and a ligature was found near Ms Banu's body.
A murder investigation is ongoing with gardaí trying to establish if Ms Banu killed herself and her children or if all three were murdered by another person. It is understood crime scene and pathology evidence has not yet pointed definitively in either direction.
Ms Banu had made a complaint to gardaí of assault shortly before her death and had obtained a court order directing a male person to stay away from her.
READ MORE
In one video call to her family in India, details of which were reported by the Irish Daily Star on Tuesday, she said she feared for her life and intended to return home to India in the very near future.
Her family recorded the call and have sent it to gardaí. Garda sources have confirmed this footage will form an important part of their investigation.
"An Garda Síochána are continuing a comprehensive and complex investigation in this matter. There is no further updates to report at this time," said a Garda spokesman.
Gardaí have spoken to one person, who had been described by sources as a someone of interest, shortly after the bodies were found. But no arrests have been made.
Ms Banu and her children were buried together last week in Newcastle Cemetery in Dublin following a small ceremony attended by her husband Sameer Syed and Indian ambassador Sandeep Kumar. Her family watched via webcam from their village of Halaganahalli.
Elderly parents interviewed
Ms Banu's family had requested the remains be returned home to Karnataka region in India. But Mr Syed indicated he wished for the burials to take place in Ireland in line with Islamic tradition that the dead are buried without delay.
Ms Banu’s family have been vocal in the Indian and Irish media that she did not take her own life. They have also conveyed this belief to gardaí through a family liaison officer.
Detectives have interviewed Ms Banu’s elderly parents and her brother via video call about her mood and behaviour in the lead-up to the deaths.
Family members described Ms Banu as being extremely distressed and fearful in her contacts with them, including showing them recent injuries she had suffered.
Ms Banu, who was one of four brothers and four sisters, came from a farming family near the city of Mysuru.
She married Mr Syed, a software engineer, 13 years ago and lived in Dubai before moving to Ireland last February and enrolling Asfira and Faizan in the local Ballinteer Educate Together National School. The Health Service Executive is providing psychological support to staff and students at the school.


theirishtimes--2020-11-11--Man convicted of coercive control and multiple assaults on ex-partner

A jury has convicted a man of coercive control , intimidation and multiple assaults of his former partner , after the first trial under the 2018 Domestic Violence Act .
The 52-year-old Dublin man , who can not be named for legal reasons , had pleaded not guilty to one count of engaging in behaviour which was controlling or coercive of his partner at various locations , including their Dublin home , between January 1st , 2019 and September 22nd , 2019 .
He had also pleaded not guilty to 13 counts of assault causing harm to his partner , @ @ @ @ @ @ @ of endangerment and one count of intimidation on dates between May 2018 and January 2020 .
On the 21st day of the trial , the jury returned verdicts of guilty on the charges of coercive control , intimidation , assault and on 12 counts of assault causing harm .
During the trial , the woman , now aged 43 , gave evidence to the jury via video-link and told the jury she met the man through a mutual friend when she was looking for a place to live .
She said they got @ @ @ @ @ @ @ apartment .
The woman told Kerida Naidoo SC , prosecuting , there “ wasn ’ t a particularly nice beginning to the relationship ” .
She said shortly after they got together , the man stubbed his cigarette out on her foot and burnt it “ for no reason ” .
The woman alleged the man smashed her phone one day after he came across her talking on her phone while waiting on him .
On another occasion , she said he cut her face and neck with a pizza slicer .
As @ @ @ @ @ @ @ they were together “ all day every day ” .
“ I couldn ’ t even walk around the shops on my own , ” she said .
The court heard the woman had been working for a company , but her six month contract ended and she was then on social welfare while she looked for work .
She said the man took her social welfare money every week .
“ By Tuesday evening , I wouldn ’ t have a fiver , ” she said .
She told the court the @ @ @ @ @ @ @ rang and her friends eventually stopped calling .
“ Gradually , we were completely isolated from friends and family , ” she said .
The woman described a number of incidents , including that the man threatened to drown her in a river , that he stamped on her head and stamped on her arm , breaking it .
The woman said the man often dragged her around the apartment floor by the hair and punched her .
“ I had a black eye a couple of times a week , ” she @ @ @ @ @ @ @ if the man had taken alcohol , “ the smallest , smallest thing would set him off and it always , always escalated into violence ” .
She agreed that she herself had an alcohol issue that predated her relationship with the man .
The woman said that she recalled one “ bad day ” in the summer of 2019 , when the accused made her sit naked on the couch as he paced up and down calling her names .
“ He said I was a disgrace , a waste of space @ @ @ @ @ @ @ that during the course of that day , he would return her to the couch and make her sit down naked again .
“ He would pace up and down in front of me , stand over me , loom over me , threaten me .
He threatened to kill my family and make me watch .
At one point he said I should have killed you while I had the chance , ” the woman continued .
She said he said “ I am willing to do time for you ” .
@ @ @ @ @ @ @ kill her father first , “ slowly and painfully ” and make her watch , before he would move on to her brother and his child and then her other brother and his baby .
“ He said he would make me watch .
He just wanted to make me suffer , ” the woman told the jury .
During their relationship , the woman said she spent periods in Women ’ s Aid shelters .
After she spent a night with another man in a hotel , she said the man made @ @ @ @ @ @ @ and tell them she was a “ cheating tramp ” .
She said after the man broke her arm , hospital staff alerted gardaí and she gave a statement to them .
The court heard the man later told the woman he would circulate naked images and videos he had of her on the internet and send them to her family if she didn ’ t withdraw the allegations against him .
“ I was extremely distressed over that , ” the woman said .
The jury deliberated for just under 15 hours @ @ @ @ @ @ @ .
The jury acquitted the man on one count of assault causing harm relating to an incident where it was alleged he had pushed his former partner down the stairs .
The jury also acquitted him of a single count of endangerment which related to an allegation that he had pushed and lifted the woman towards the railings of a bridge , creating a substantial risk of death or harm to her .
Judge Elma Sheahan thanked the jury for their time and consideration .
She said she wanted to acknowledge their commitment @ @ @ @ @ @ @ had with it .
She remanded the man in continuing custody and adjourned the matter to Thursday when she will fix a date for sentencing .
Speaking afterwards outside the Dubin ’ s Criminal Courts of Justice building Chief Superintendent Finbar Murphy urged victims of abuse or control in a relationship to come forward and said they will be fully supported .
“ You do not have to put up with this behaviour , ” he said .
He commended the victim in this case for her bravery and courage in bringing the @ @ @ @ @ @ @ court in the manner that she did .
“ She is a beacon of hope to a lot of people who find themselves in a similar situation and it ’ s something they will draw a lot of courage from themselves in hearing her story .
“ In relation to anyone who has found themselves in a similar situation , if you are a victim of coercive control , if you are the subject of abuse or assault and whether you are in a gay relationship or a heterosexual relationship whether you are @ @ @ @ @ @ @ you are young or old , you do not have to put up with this behaviour .
“ It is illegal , it is criminal , if you come to the Garda station and tell your story you will receive a sympathetic hearing but you will also receive a very professional service from us and we will link you up with other professional services who will help you through this process and give you back your life .
“ And remember none of this is your fault .
This is the fault of @ @ @ @ @ @ @ against you .
“ If you come to us and tell your story we guarantee you we will give you our full support and bring these matters before the courts .
”

The woman said shortly after they got together, the man stubbed his cigarette out on her foot and burnt it “for no reason”. Photograph: Dave Meehan/The Irish Times
A jury has convicted a man of coercive control, intimidation and multiple assaults of his former partner, after the first trial under the 2018 Domestic Violence Act.
The 52-year-old Dublin man, who cannot be named for legal reasons, had pleaded not guilty to one count of engaging in behaviour which was controlling or coercive of his partner at various locations, including their Dublin home, between January 1st, 2019 and September 22nd, 2019.
He had also pleaded not guilty to 13 counts of assault causing harm to his partner, one count of assault, one count of endangerment and one count of intimidation on dates between May 2018 and January 2020.
On the 21st day of the trial, the jury returned verdicts of guilty on the charges of coercive control, intimidation, assault and on 12 counts of assault causing harm.
READ MORE
During the trial, the woman, now aged 43, gave evidence to the jury via video-link and told the jury she met the man through a mutual friend when she was looking for a place to live. She said they got together shortly before she moved into his apartment.
Pizza slicer
The woman told Kerida Naidoo SC, prosecuting, there “wasn’t a particularly nice beginning to the relationship”. She said shortly after they got together, the man stubbed his cigarette out on her foot and burnt it “for no reason”.
The woman alleged the man smashed her phone one day after he came across her talking on her phone while waiting on him. On another occasion, she said he cut her face and neck with a pizza slicer.
As the relationship progressed, the woman said they were together “all day every day”. “I couldn’t even walk around the shops on my own,” she said.
The court heard the woman had been working for a company, but her six month contract ended and she was then on social welfare while she looked for work. She said the man took her social welfare money every week. “By Tuesday evening, I wouldn’t have a fiver,” she said.
She told the court the man would answer her phone when it rang and her friends eventually stopped calling. “Gradually, we were completely isolated from friends and family,” she said.
The woman described a number of incidents, including that the man threatened to drown her in a river, that he stamped on her head and stamped on her arm, breaking it.
The woman said the man often dragged her around the apartment floor by the hair and punched her. “I had a black eye a couple of times a week,” she said.
She told the court that if the man had taken alcohol, “the smallest, smallest thing would set him off and it always, always escalated into violence”. She agreed that she herself had an alcohol issue that predated her relationship with the man.
The woman said that she recalled one “bad day” in the summer of 2019, when the accused made her sit naked on the couch as he paced up and down calling her names.
“He said I was a disgrace, a waste of space,” she said before she outlined that during the course of that day, he would return her to the couch and make her sit down naked again.
“He would pace up and down in front of me, stand over me, loom over me, threaten me. He threatened to kill my family and make me watch. At one point he said I should have killed you while I had the chance,” the woman continued.
She said he said “I am willing to do time for you”. He then told her that he would kill her father first, “slowly and painfully” and make her watch, before he would move on to her brother and his child and then her other brother and his baby.
“He said he would make me watch. He just wanted to make me suffer,” the woman told the jury.
Shelters
During their relationship, the woman said she spent periods in Women’s Aid shelters. After she spent a night with another man in a hotel, she said the man made her phone every member of her family and tell them she was a “cheating tramp”.
She said after the man broke her arm, hospital staff alerted gardaí and she gave a statement to them.
The court heard the man later told the woman he would circulate naked images and videos he had of her on the internet and send them to her family if she didn’t withdraw the allegations against him.
“I was extremely distressed over that,” the woman said.
The jury deliberated for just under 15 hours before returning verdicts in all the counts.
The jury acquitted the man on one count of assault causing harm relating to an incident where it was alleged he had pushed his former partner down the stairs. The jury also acquitted him of a single count of endangerment which related to an allegation that he had pushed and lifted the woman towards the railings of a bridge, creating a substantial risk of death or harm to her.
Judge Elma Sheahan thanked the jury for their time and consideration. She said she wanted to acknowledge their commitment to the trial and engagement they have had with it.
She remanded the man in continuing custody and adjourned the matter to Thursday when she will fix a date for sentencing.
Bravery
Speaking afterwards outside the Dubin’s Criminal Courts of Justice building Chief Superintendent Finbar Murphy urged victims of abuse or control in a relationship to come forward and said they will be fully supported.
“You do not have to put up with this behaviour,” he said.
He commended the victim in this case for her bravery and courage in bringing the case and telling her story to the court in the manner that she did.
“She is a beacon of hope to a lot of people who find themselves in a similar situation and it’s something they will draw a lot of courage from themselves in hearing her story.
“In relation to anyone who has found themselves in a similar situation, if you are a victim of coercive control, if you are the subject of abuse or assault and whether you are in a gay relationship or a heterosexual relationship whether you are married or have a partner, whether you are young or old, you do not have to put up with this behaviour.
“It is illegal, it is criminal, if you come to the Garda station and tell your story you will receive a sympathetic hearing but you will also receive a very professional service from us and we will link you up with other professional services who will help you through this process and give you back your life.
“And remember none of this is your fault. This is the fault of the person who is committing the offences against you.
“If you come to us and tell your story we guarantee you we will give you our full support and bring these matters before the courts.”


theirishtimes--2020-11-11--Constitution ‘vague’ on removing judges as it is a political act, says expert

The removal of a judge by the Oireachtas is more a political than a legal act , according to an expert on constitutional law .
It is for this reason that the Constitution is “ vague ” as to the grounds for such a move , said Dr Laura Cahillane , a lecturer in law in the University of Limerick and co-author of a book on the Irish Constitution .
The possibility of the Oireachtas initiating impeachment proceedings against Mr Justice Séamus Woulfe has arisen following the decision of the Chief Justice Frank Clarke to publish correspondence in which he @ @ @ @ @ @ @ resign .
Mr Justice Woulfe , who was recently appointed to the Supreme Court , has said he does not intend to step down over controversy surrounding his attendance at an Oireachtas golf society dinner in Clifden , Co Galway on August 19th , a day after the Government tightened Covid-19 restrictions on gatherings .
The Constitution says a judge “ shall not be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal ” .
There @ @ @ @ @ @ @ misbehaviour ” means , and the phrase has never been interpreted by a court .
Other jurisdictions use yardsticks such as bringing the administration of justice into disrepute , or damaging the administration of justice in the eyes of the public , Dr Cahillane said .
The phrase “ stated misbehaviour ” could be said to assume a behaviour that has been proven and that is serious , such as committing a crime , she said .
It could be argued that the actions of Mr Justice Woulfe have damaged the administration of @ @ @ @ @ @ @ demonstrated he is unfit for office , she said .
“ But in the end of the day , the removal of a judge is a political act , it is not really a legal act.
” Prof Donncha O ’ Connell of the school of law at NUI Galway , said “ stated misbehaviour ” is what the Oireachtas determines it to be , “ but that does not mean that there ’ s no threshold ” .
If the Oireachtas determined , based on the opinion of the Chief Justice , @ @ @ @ @ @ @ reached the threshold of “ stated misbehaviour ” that would be sufficient to remove him from office .
“ However , it can not ignore the contrary conclusion reached by the former chief justice , Susan Denham , albeit in relation to a narrower range of matters than those considered by Chief Justice Clarke , and the trenchant arguments that Mr Justice Woulfe will proffer to question the opinion of the current Chief Justice.
” In a report on Mr Justice Woulfe ’ s attendance at the Oireachtas golf society dinner , Ms @ @ @ @ @ @ @ seek the judge ’ s resignation .
In the correspondence published this week , Mr Justice Clarke said the controversy arising from the transcript of Mr Justice Woulfe ’ s interview with the Denham inquiry , had caused “ even greater damage ” than his attendance at the dinner .
Elements of Mr Justice Woulfe ’ s recent correspondence had added to the damage , he also said .
In his interview with Ms Denham , Mr Justice Woulfe complained of a “ mood of hysteria ” and “ overblown ” press coverage @ @ @ @ @ @ @ disciplining judges is being put in place under the Judicial Council Act 2019 , but it can not be used for the current crisis .
The Act provides that a judicial conduct committee can decide to refer the case of a particular judge to the minister for justice , and says that the minister “ shall ” , as soon as practicable , initiate a motion for impeachment .

Chief Justice Frank Clarke listening to Supreme Court judge Séamus Woulfe during a panel discussion at the Distillery Building in Dublin last year. File photograph: Alan Betson
The removal of a judge by the Oireachtas is more a political than a legal act, according to an expert on constitutional law.
It is for this reason that the Constitution is "vague" as to the grounds for such a move, said Dr Laura Cahillane, a lecturer in law in the University of Limerick and co-author of a book on the Irish Constitution.
The possibility of the Oireachtas initiating impeachment proceedings against Mr Justice Séamus Woulfe has arisen following the decision of the Chief Justice Frank Clarke to publish correspondence in which he expressed the view that his colleague should resign.
Mr Justice Woulfe, who was recently appointed to the Supreme Court, has said he does not intend to step down over controversy surrounding his attendance at an Oireachtas golf society dinner in Clifden, Co Galway on August 19th, a day after the Government tightened Covid-19 restrictions on gatherings.
READ MORE
The Constitution says a judge “shall not be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal”.
There is no guidance on what “stated misbehaviour” means, and the phrase has never been interpreted by a court.
Other jurisdictions use yardsticks such as bringing the administration of justice into disrepute, or damaging the administration of justice in the eyes of the public, Dr Cahillane said.
The phrase “stated misbehaviour” could be said to assume a behaviour that has been proven and that is serious, such as committing a crime, she said.
It could be argued that the actions of Mr Justice Woulfe have damaged the administration of justice, or that his attitude has demonstrated he is unfit for office, she said. “But in the end of the day, the removal of a judge is a political act, it is not really a legal act.”
Prof Donncha O’Connell of the school of law at NUI Galway, said “stated misbehaviour” is what the Oireachtas determines it to be, “but that does not mean that there’s no threshold”.
If the Oireachtas determined, based on the opinion of the Chief Justice, that Mr Justice Woulfe’s conduct reached the threshold of “stated misbehaviour” that would be sufficient to remove him from office.
"However, it cannot ignore the contrary conclusion reached by the former chief justice, Susan Denham, albeit in relation to a narrower range of matters than those considered by Chief Justice Clarke, and the trenchant arguments that Mr Justice Woulfe will proffer to question the opinion of the current Chief Justice."
In a report on Mr Justice Woulfe’s attendance at the Oireachtas golf society dinner, Ms Denham said it would be disproportionate to seek the judge’s resignation.
In the correspondence published this week, Mr Justice Clarke said the controversy arising from the transcript of Mr Justice Woulfe’s interview with the Denham inquiry, had caused “even greater damage” than his attendance at the dinner. Elements of Mr Justice Woulfe’s recent correspondence had added to the damage, he also said.
In his interview with Ms Denham, Mr Justice Woulfe complained of a “mood of hysteria” and “overblown” press coverage of the dinner.
A structure for disciplining judges is being put in place under the Judicial Council Act 2019, but it cannot be used for the current crisis.
The Act provides that a judicial conduct committee can decide to refer the case of a particular judge to the minister for justice, and says that the minister “shall”, as soon as practicable, initiate a motion for impeachment.


theirishtimes--2020-11-11--Taoiseach says Level 3 by December 1st a ‘target’ as 362 new Covid cases reported

Taoiseach Micheal Martin has confirmed he would like to get back to Level 3 restrictions for December 1st .
“ That was a target , ” he said .
It comes as 362 new Covid-19 cases and two further deaths were reported by the National Public Health Emergency Team ( Nphet ) on Wednesday .
Of the deaths reported , one occurred in October and one remains under investigation .
Mr Martin said they were analysing the data and might look at certain sectors to see if they could “ moderate ” Level 3 .
Level 3 restrictions allow restaurants @ @ @ @ @ @ @ for takeaway delivery and outdoor dining for a maximum of 15 people .
Museums and other indoor cultural venues remain closed , while outdoor events can have a maximum of 15 people .
A maximum of six visitors are allowed into a person ’ s home from one other household only .
The latest figures brings the total number of confirmed cases to 66,247 and the total number of Covid-related deaths to 1,965 .
Of the cases notified on Wednesday 55 per cent are aged under 45 .
The highest number of cases @ @ @ @ @ @ @ 48 in Donegal , 34 in Limerick , 29 in Louth , 24 in Cork and the remaining cases are spread across 21 other counties .
As of 2pm on Wednesday 280 Covid -19 patients are hospitalised , of which 38 are in ICU .
There have been 21 additional hospitalisations in the past 24 hours .
Chief medical officer Dr Tony Holohan said : “ The profile of the disease is improving and , while this is a positive trend , it does not mean it is time to take a step @ @ @ @ @ @ @ guidelines .
I urge everyone to redouble their efforts , try and have fewer close contacts this week than you did last week , continue to social distance and follow the other vitally important public health guidelines.
” He thanked people who self-isolated after receiving a positive result or being identified as a close contact .
He said this was a vital measure in efforts to contain the spread of the disease .
Meanwhile the number of new Covid-19 outbreaks in workplaces , childcare facilities and hospitals all increased last week , despite @ @ @ @ @ @ @ There was also a rise in the number of new outbreaks in private houses , up to 443 from 320 the previous week .
However , school outbreaks declined in number , from 30 to 24 , as did outbreaks in third level colleges , down from seven to five and in nursing homes , down eight to three .
There were 11 outbreaks in hospitals , up three ; 15 in workplaces , up four ; and 11 in childcare facilities , up two .
An outbreak or cluster is defined as @ @ @ @ @ @ @ also saw a big rise in “ community outbreaks ” , up to 21 from six the week before .
Clusters of the the virus in residential outbreaks fell from 16 to seven .
A total of 572 new clusters were recorded last week , up from 480 the previous week .
A breakdown of workplace outbreaks shows one in meat plants , four in construction and 10 in “ other ” workplaces .
There were 32 new workplace cases last week .
Seven new outbreaks were recorded in vulnerable groups ; two @ @ @ @ @ @ @ provision centres and three among travellers .
A new high level Government committee to handle the roll out of Covid-19 vaccines in the State held its first meeting onWednesday morning.. Taoiseach Micheál Martin told the Dáil that the State will receive about 1 per cent of the vaccines made available through the EU collective purchase scheme .
The EU will buy approximately 300 million units of the groundbreaking coronavirus vaccine developed by BioNTech and Pfizer .
The Taoiseach said that people vulnerable to Covid-19 would be prioritised once safe vaccines to prevent the @ @ @ @ @ @

Taoiseach Micheál Martin has told the Dáil that the Government is targeting a return to Level 3 Covid-19 restrictions by December 1st. Video: Oireachtas TV
Taoiseach Micheal Martin has confirmed he would like to get back to Level 3 restrictions for December 1st. “That was a target,” he said.
It comes as 362 new Covid-19 cases and two further deaths were reported by the National Public Health Emergency Team (Nphet) on Wednesday.
Of the deaths reported, one occurred in October and one remains under investigation.
Mr Martin said they were analysing the data and might look at certain sectors to see if they could “moderate” Level 3.
READ MORE
Level 3 restrictions allow restaurants, cafes and bars to remain open for takeaway delivery and outdoor dining for a maximum of 15 people. Museums and other indoor cultural venues remain closed, while outdoor events can have a maximum of 15 people. A maximum of six visitors are allowed into a person’s home from one other household only.
The latest figures brings the total number of confirmed cases to 66,247 and the total number of Covid-related deaths to 1,965.
Of the cases notified on Wednesday 55 per cent are aged under 45. The highest number of cases was in Dublin (90) with 48 in Donegal, 34 in Limerick, 29 in Louth, 24 in Cork and the remaining cases are spread across 21 other counties.
As of 2pm on Wednesday 280 Covid -19 patients are hospitalised, of which 38 are in ICU. There have been 21 additional hospitalisations in the past 24 hours.
Chief medical officer Dr Tony Holohan said: “The profile of the disease is improving and, while this is a positive trend, it does not mean it is time to take a step back from our adherence to public health guidelines. I urge everyone to redouble their efforts, try and have fewer close contacts this week than you did last week, continue to social distance and follow the other vitally important public health guidelines.”
He thanked people who self-isolated after receiving a positive result or being identified as a close contact. He said this was a vital measure in efforts to contain the spread of the disease.
Outbreaks
Meanwhile the number of new Covid-19 outbreaks in workplaces, childcare facilities and hospitals all increased last week, despite the general fall in case numbers.
There was also a rise in the number of new outbreaks in private houses, up to 443 from 320 the previous week.
However, school outbreaks declined in number, from 30 to 24, as did outbreaks in third level colleges, down from seven to five and in nursing homes, down eight to three.
There were 11 outbreaks in hospitals, up three; 15 in workplaces, up four; and 11 in childcare facilities, up two. An outbreak or cluster is defined as at least two cases.
Last week also saw a big rise in “community outbreaks”, up to 21 from six the week before. Clusters of the the virus in residential outbreaks fell from 16 to seven.
A total of 572 new clusters were recorded last week, up from 480 the previous week.
A breakdown of workplace outbreaks shows one in meat plants, four in construction and 10 in “other” workplaces. There were 32 new workplace cases last week.
Seven new outbreaks were recorded in vulnerable groups; two each I the Roma community and direct provision centres and three among travellers.
A new high level Government committee to handle the roll out of Covid-19 vaccines in the State held its first meeting onWednesday morning..
Taoiseach Micheál Martin told the Dáil that the State will receive about 1 per cent of the vaccines made available through the EU collective purchase scheme. The EU will buy approximately 300 million units of the groundbreaking coronavirus vaccine developed by BioNTech and Pfizer.
The Taoiseach said that people vulnerable to Covid-19 would be prioritised once safe vaccines to prevent the virus are approved and ready.