theirishtimes--2020-10-28--Historic Book of Lismore donated to University College Cork

One of the most significant Irish manuscripts has been donated by the Duke of Devonshire to University College Cork which plans to put it on display in a special display gallery to be developed in the university ’ s library .
The Book of Lismore , which was created in the late 15th century , has been donated by the Trustees of the Chatsworth Settlement to UCC and will eventually be displayed in a treasures gallery that UCC plans to develop in its Boole Library According to UCC Librarian John Fitzgerald , the Book of Lismore consists of 198 large @ @ @ @ @ @ @ many drawn from the Irish tradition and others that are translations of contemporary European works .
“ This major medieval manuscript , created at Kilbrittain in west Cork , in a golden age of Irish literature , is rightly considered as one of the great books of Ireland and it reflects an Ireland that was deeply engaged with the contemporary European culture of the time , ” he said .
Mr Fitzgerald explained that the manuscript was compiled for Fínghin Mac Carthaigh , Lord of Carbery , who lived at Kilbrittain Castle in @ @ @ @ @ @ @ and it subsequently became known as Leabhar Mhic Cárthaigh Riabhaigh .
“ The book begins with religious-themed material , mainly lives of the Irish saints and apocryphal tales associated with them , before passing on to material in translation such as the History of the Lombards and the Conquests of Charlemagne .
“ The Book also contains the only surviving translation in Irish of the travels of Marco Polo , which adds to the exotic , outward-looking ambience of the manuscript .
Marco Polo is followed by a collection of native , secular @ @ @ @ @ @ @ .
“ The Book concludes with the exploits of the popular mythological hero Fionn mac Cumhaill and the Fianna , as told in the lengthy tale known as Agallamh na Seanórach , ” said Mr Fitzgerald , adding that UCC will welcome the book with a special virtual event at 11am on Wednesday on the UCC website .
According to the owners of the major medieval Irish manuscript , the Trustees of the Chatsworth Settlement who own Lismore Estate in Co Waterford , they made the decision to donate The Book of Lismore @ @ @ @ @ @ @ curatorial expertise at the university Peregrine Andrew Morny Cavendish , the 12th Duke of Devonshire , who owns historic Lismore Castle on the banks of the Blackwater , said : “ Ever since the Book of Lismore was loaned to University College Cork for an exhibition in 2011 , we have been considering ways for it to return there permanently .
“ My family and I are delighted this has been possible , and hope that it will benefit many generations of students , scholars and visitors to the university.
” He further @ @ @ @ @ @ @ been in the possession of the Cavendish Family and their ancestors since the 1640s and kept at Lismore Castle , Co Waterford , and in more recent times at Chatsworth House in Derbyshire .
UCC interim president , Prof John O ’ Halloran said that receiving the book was a very historic moment for UCC who will put in on display in the Treasures Gallery which will display items from the University collections , serving as an attractive destination for visitors to the region .
Mr Fitzgerald said the history of The Book @ @ @ @ @ @ @ when it was compiled for its noble patrons , Fínghin Mac Carthaigh Riabhach , and his wife , Caitilín , with the writing probably taking place at Kilbrittain Castle though it also links with the Franciscan house in nearby Timoleague .

The Book of Lismore will eventually be displayed in a treasures gallery that UCC plans to develop in its Boole Library.
One of the most significant Irish manuscripts has been donated by the Duke of Devonshire to University College Cork which plans to put it on display in a special display gallery to be developed in the university's library.
The Book of Lismore, which was created in the late 15th century, has been donated by the Trustees of the Chatsworth Settlement to UCC and will eventually be displayed in a treasures gallery that UCC plans to develop in its Boole Library
According to UCC Librarian John Fitzgerald, the Book of Lismore consists of 198 large vellum folios and contains important texts, many drawn from the Irish tradition and others that are translations of contemporary European works.
"This major medieval manuscript, created at Kilbrittain in west Cork, in a golden age of Irish literature, is rightly considered as one of the great books of Ireland and it reflects an Ireland that was deeply engaged with the contemporary European culture of the time," he said.
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Mr Fitzgerald explained that the manuscript was compiled for Fínghin Mac Carthaigh, Lord of Carbery, who lived at Kilbrittain Castle in west Cork between 1478 and 1505, and it subsequently became known as Leabhar Mhic Cárthaigh Riabhaigh.
“The book begins with religious-themed material, mainly lives of the Irish saints and apocryphal tales associated with them, before passing on to material in translation such as the History of the Lombards and the Conquests of Charlemagne.
"The Book also contains the only surviving translation in Irish of the travels of Marco Polo, which adds to the exotic, outward-looking ambience of the manuscript. Marco Polo is followed by a collection of native, secular texts dealing with the theme of Kingship.
"The Book concludes with the exploits of the popular mythological hero Fionn mac Cumhaill and the Fianna, as told in the lengthy tale known as Agallamh na Seanórach," said Mr Fitzgerald, adding that UCC will welcome the book with a special virtual event at 11am on Wednesday on the UCC website.
According to the owners of the major medieval Irish manuscript, the Trustees of the Chatsworth Settlement who own Lismore Estate in Co Waterford, they made the decision to donate The Book of Lismore to UCC in recognition of academic and curatorial expertise at the university
‘Benefit many generations’
Peregrine Andrew Morny Cavendish, the 12th Duke of Devonshire, who owns historic Lismore Castle on the banks of the Blackwater, said: "Ever since the Book of Lismore was loaned to University College Cork for an exhibition in 2011, we have been considering ways for it to return there permanently.
“My family and I are delighted this has been possible, and hope that it will benefit many generations of students, scholars and visitors to the university.”
He further explained that the Book of Lismore has been in the possession of the Cavendish Family and their ancestors since the 1640s and kept at Lismore Castle, Co Waterford, and in more recent times at Chatsworth House in Derbyshire.
UCC interim president, Prof John O’Halloran said that receiving the book was a very historic moment for UCC who will put in on display in the Treasures Gallery which will display items from the University collections, serving as an attractive destination for visitors to the region.
Mr Fitzgerald said the history of The Book begins in the late 15th century, when it was compiled for its noble patrons, Fínghin Mac Carthaigh Riabhach, and his wife, Caitilín, with the writing probably taking place at Kilbrittain Castle though it also links with the Franciscan house in nearby Timoleague.


theirishtimes--2020-10-27--State to ‘regularise’ pay and conditions of school secretaries and caretakers

The Government has agreed to “ regularise ” the pay , conditions and pensions of school secretaries and caretakers which are currently funded from State grants , the trade union Fórsa has said .
The union said in a tweet on Tuesday that it had secured agreement on this issue with the Department of Education and the Department of Public Expenditure at talks at the Workplace Relations Commission .
The union said that detailed implementation talks were to conclude by February .
It said full details would be released on Wednesday morning .
Last month the union had warned that @ @ @ @ @ @ @ strike action to be followed by an indefinite stoppage .
The move was averted to allow the union and the Government to hold talks at the Workplace Relations Commission this week .
School secretaries are seeking an end to the existing two-tier system under which some are directly employed by and paid by the Department of Education and have public service employment status , while the majority have their pay and conditions determined by school management boards which receive grants from the State .
The union said under the two-tier system most school @ @ @ @ @ @ @ a year , with irregular , short-term contracts that forced them to sign on during the summer holidays and other school breaks ” .
Separately , the Association of Secondary Teachers Ireland ( Asti ) will on Wednesday begin counting a ballot of members on whether to take industrial action up to and including strike action over lower pay in place for more recent entrants to the profession and in relation to resources and practices in schools after they reopened following the closure due to the pandemic .

Some school secretaries are directly employed by the Department of Education, while most have their pay and conditions determined by school management boards, which receive grants from the State. Photograph: Getty Images
The Government has agreed to “regularise” the pay, conditions and pensions of school secretaries and caretakers which are currently funded from State grants, the trade union Fórsa has said.
The union said in a tweet on Tuesday that it had secured agreement on this issue with the Department of Education and the Department of Public Expenditure at talks at the Workplace Relations Commission.
The union said that detailed implementation talks were to conclude by February. It said full details would be released on Wednesday morning.
Last month the union had warned that school secretaries would stage several days of strike action to be followed by an indefinite stoppage. The move was averted to allow the union and the Government to hold talks at the Workplace Relations Commission this week.
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School secretaries are seeking an end to the existing two-tier system under which some are directly employed by and paid by the Department of Education and have public service employment status, while the majority have their pay and conditions determined by school management boards which receive grants from the State.
The union said under the two-tier system most school secretaries were “left earning just €12,500 a year, with irregular, short-term contracts that forced them to sign on during the summer holidays and other school breaks”.
Separately, the Association of Secondary Teachers Ireland (Asti) will on Wednesday begin counting a ballot of members on whether to take industrial action up to and including strike action over lower pay in place for more recent entrants to the profession and in relation to resources and practices in schools after they reopened following the closure due to the pandemic.


theirishtimes--2020-10-27--Former priest who downloaded child abuse imagery jailed

Defrocked priest Oliver O ’ Grady was sentenced to 22 months in prison at Waterford Circuit Court on Tuesday after being found guilty by a jury earlier this month of possessing child abuse imagery .
O ’ Grady had been accused of using a computer that had been loaned to him by a housemate at 21 Otteran Place , South Parade , Waterford , to download a video showing an underage girl being abused .
O ’ Grady denied the charge , but admitted that the computer was used to search for images and videos of “ young boys in @ @ @ @ @ @ @ s main defence had been that he shared the house with many other people and the computer was used in a “ common area ” .
He denied ever downloading or seeing the video .
The prosecution highlighted O ’ Grady ’ s activities on the computer to link him to the video .
His email account , which was verified with his phone number , had been used to download the video .
He had been searching for items of a religious nature , such as the lyrics to O Holy Night @ @ @ @ @ @ @ time as he was searching for images of “ young boys in underwear ” .
It was the prosecution ’ s case that nobody else would have been using the computer for this purpose and on October 19th , a jury took two hours to agree with that assertion .
Prior to his sentencing , Oliver O ’ Grady asked to address the court and reaffirmed that he had “ no knowledge of the existence of the video until he was arrested ” .
“ I never saw the video , until I @ @ @ @ @ @ @ it was shown in court , ” O ’ Grady said .
“ The video is classified by law as a pornographic video because of the person ’ s behaviour in the video .
“ I believe the reality of the situation is far worse .
What we saw was a person who has lost her right to be considered human and is instead reduced to an object that can now be used and exploited by the will of those who control her , ” he said .
“ The trial concluded with @ @ @ @ @ @ @ As much as I would have preferred a different verdict , it was not to be .
I accept the verdict , ” O ’ Grady told the court .
Delivering the sentence , Judge Eugene O ’ Kelly said that there was little in the way of any mitigation for O ’ Grady .
“ If Mr O ’ Grady was a person with no previous relevant convictions , the possession of a single video of child pornography would place the offence in the very lowest range of gravity , ” Judge @ @ @ @ @ @ @ , in this case , because of the particular nature of his prior convictions and the exploitation of the generosity of those who innocently loaned him the computer , and in addition to the harm done to the unknown and unidentified child victim , I place this offending between the start and the middle of the mid-range on the scale of gravity , which has a headline sentence of two years ’ imprisonment .
”

Defrocked priest Oliver O'Grady was sentenced to 22 months in prison at Waterford Circuit Court on Tuesday after being found guilty by a jury earlier this month of possessing child abuse imagery.
O’Grady had been accused of using a computer that had been loaned to him by a housemate at 21 Otteran Place, South Parade, Waterford, to download a video showing an underage girl being abused.
O’Grady denied the charge, but admitted that the computer was used to search for images and videos of “young boys in underwear”. O’Grady’s main defence had been that he shared the house with many other people and the computer was used in a “common area”. He denied ever downloading or seeing the video.
The prosecution highlighted O’Grady’s activities on the computer to link him to the video. His email account, which was verified with his phone number, had been used to download the video.
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He had been searching for items of a religious nature, such as the lyrics to O Holy Night and the Catholic Magnificat at the same time as he was searching for images of “young boys in underwear”.
It was the prosecution’s case that nobody else would have been using the computer for this purpose and on October 19th, a jury took two hours to agree with that assertion.
Addressed court
Prior to his sentencing, Oliver O’Grady asked to address the court and reaffirmed that he had “no knowledge of the existence of the video until he was arrested”.
“I never saw the video, until I viewed it on the two occasions that it was shown in court,” O’Grady said. “The video is classified by law as a pornographic video because of the person’s behaviour in the video.
“I believe the reality of the situation is far worse. What we saw was a person who has lost her right to be considered human and is instead reduced to an object that can now be used and exploited by the will of those who control her,” he said.
“The trial concluded with the jury rendering a guilty verdict. As much as I would have preferred a different verdict, it was not to be. I accept the verdict,” O’Grady told the court.
Delivering the sentence, Judge Eugene O’Kelly said that there was little in the way of any mitigation for O’Grady.
“If Mr O’Grady was a person with no previous relevant convictions, the possession of a single video of child pornography would place the offence in the very lowest range of gravity,” Judge O’Kelly said. “However, in this case, because of the particular nature of his prior convictions and the exploitation of the generosity of those who innocently loaned him the computer, and in addition to the harm done to the unknown and unidentified child victim, I place this offending between the start and the middle of the mid-range on the scale of gravity, which has a headline sentence of two years’ imprisonment.”


theirishtimes--2020-10-27--Former solicitors ran an ‘identity factory’ in committing fraud – court told

A married couple who are former solicitors created 60 false identities , donned disguises and paid homeless people for their PPS numbers in order to defraud banks and credit unions of several hundred thousand euro , Cork Circuit Criminal has heard .
Keith Flynn ( 46 ) and Lyndsey Clarke ( 37 ) of Blarney Street in Cork city previously pleaded guilty to conspiracy to commit fraud , arising out of a garda investigation into the theft of funds from a number of banks and financial institutions over an 18-month period .
Detective Garda Alan McCarthy told the court that @ @ @ @ @ @ @ 60 false identities in order to defraud Bank of Ireland , AIB , Ulster Bank , and a number of credit unions by obtaining personal bank loans dishonestly .
He said the criminal activity of the pair , who have a three-month-old child , began in January 2017 when they started applying for personal bank loans using fake identities .
The couple , who got to know each other when Ms Clarke went to work for Mr Flynn at his legal practice eight years ago , took out a number of loans in @ @ @ @ @ @ @ banks and credit unions are at a loss of €394,804 following their criminal activity .
Prosecuting barrister Siobhan Lankford SC said the pair were in effect running an “ identity factory.
” Det Garda McCarthy said the couple applied for loans using fake driving licences obtained online , fake bank statements and fake payslips .
They even paid members of the homeless community for the their PPS numbers in order to use them in their criminal activity .
They also used fake Virgin Media , Airtricity , and Electric Ireland bills and had @ @ @ @ @ @ @ .
In September of 2017 the Financial Crime Unit in Bank of Ireland became suspicious of activities in six accounts and contacted gardaí .
An investigation was subsequently launched and in July of 2018 a search was carried out at an apartment the pair lived in at Sunday ’ s Well in Cork .
The couple were not present for the search .
Gardaí recovered laptops , wigs used for disguises when they went to banks and ATMs , and a a locked safe .
Over €92,000 was recovered from the safe which @ @ @ @ @ @ @ Flynn voluntarily handed over a key .
When gardaí opened the safe they found 21 fake Irish driving licences , 19 fake bank cards and 16 Credit Union books in different names .
Det Garda McCarthy said the duo had opened 19 fake accounts with Bank of Ireland in Cork and Dublin , 19 fake credit union accounts , 19 fake accounts with AIB and three fake accounts with Ulster Bank .
Loans were approved with all these institutions .
They also had fake accounts with An Post , Permanent TSB and KBC @ @ @ @ @ @ @ accounts , he added .
Det Garda McCarthy said the loan applications were a “ quick enough process ” for the pair who had an extensive operation in place .
He said the defendants co-operated fully with gardaí upon their arrest .
They made admissions of guilt in garda interviews in August 2018 when they said they were motivated purely by financial gain .
Det Garda McCarthy said Mr Flynn had two children from a previous marriage which had broken down and Ms Clarke was the mother of another child from a previous @ @ @ @ @ @ @ the case had proceeded to trial it would have involved an extensive document trail with the pair facing over 300 counts each .
Alice Fawsitt SC , representing Ms Clarke said her client and Mr Flynn had voluntarily handed over the keys for the safe .
She stressed , while they had robbed from banks , they saved the state an enormous amount of money by entering a guilty plea and avoiding a trial .
She told Judge Seán O ’ Donnabháin that her client had a history of depression .
She said @ @ @ @ @ @ @ attempted to blame her husband but instead insisted she was an equal participant in the scheme .
Ms Clarke she said lost her father in her 20s and her mother has also died .
Ms Fawsitt said Ms Clarke was an only child without family support other than an aunt .
She said her client had no idea how she had gotten herself in to this situation but she was keen to put her personal affairs in order before entering prison .
Ms Fawsitt asked that she be remanded on bail for a @ @ @ @ @ @ @ in order .
Séamus Roche SC , representing Mr Flynn said his client had lost his family and business and was depressed having gone bankrupt .
The court heard that the pair had shown an aberration of judgement in getting involved in the criminal activity .
Mr Flynn was remanded in custody until Friday for sentencing while Ms Flynn was given bail until then in order to make arrangements for her children .
The pair were struck off as solicitors in 2018 for matters completely separate to this Garda investigation .
They had @ @ @ @ @ @ @ struck off until two years later .
They were struck off for not performing their duties properly in a practice which was deemed to be “ chaotic ” .
The pair had ceased practice in November 2016 .
When the married couple first appeared before Cork District Court in connection with the charges they were granted free aid .
The court heard Mr Flynn was working as a chef while Ms Clarke was on a back-to-work scheme .
The pair practised at Keith Flynn & Company .
Ms Clarke is a former Fine @ @ @ @ @ @ @ for the party in the Cork North West Ward in the 2014 Cork City Council local elections .
She received just over 300 votes .

A married couple who are former solicitors created 60 false identities, donned disguises and paid homeless people for their PPS numbers in order to defraud banks and credit unions of several hundred thousand euro, Cork Circuit Criminal has heard.
Keith Flynn (46) and Lyndsey Clarke (37) of Blarney Street in Cork city previously pleaded guilty to conspiracy to commit fraud, arising out of a garda investigation into the theft of funds from a number of banks and financial institutions over an 18-month period.
Detective Garda Alan McCarthy told the court that the pair created 80 fake accounts using 60 false identities in order to defraud Bank of Ireland, AIB, Ulster Bank, and a number of credit unions by obtaining personal bank loans dishonestly.
He said the criminal activity of the pair, who have a three-month-old child, began in January 2017 when they started applying for personal bank loans using fake identities.
READ MORE
The couple, who got to know each other when Ms Clarke went to work for Mr Flynn at his legal practice eight years ago, took out a number of loans in financial institutions using fake identities. The banks and credit unions are at a loss of €394,804 following their criminal activity.
Prosecuting barrister Siobhan Lankford SC said the pair were in effect running an “identity factory.”
Det Garda McCarthy said the couple applied for loans using fake driving licences obtained online, fake bank statements and fake payslips. They even paid members of the homeless community for the their PPS numbers in order to use them in their criminal activity.
They also used fake Virgin Media, Airtricity, and Electric Ireland bills and had 30 SIM cards with various contact numbers.
In September of 2017 the Financial Crime Unit in Bank of Ireland became suspicious of activities in six accounts and contacted gardaí. An investigation was subsequently launched and in July of 2018 a search was carried out at an apartment the pair lived in at Sunday’s Well in Cork.
The couple were not present for the search. Gardaí recovered laptops, wigs used for disguises when they went to banks and ATMs, and a a locked safe. Over €92,000 was recovered from the safe which was opened after Ms Clarke and Mr Flynn voluntarily handed over a key.
When gardaí opened the safe they found 21 fake Irish driving licences, 19 fake bank cards and 16 Credit Union books in different names.
Det Garda McCarthy said the duo had opened 19 fake accounts with Bank of Ireland in Cork and Dublin, 19 fake credit union accounts, 19 fake accounts with AIB and three fake accounts with Ulster Bank. Loans were approved with all these institutions.
They also had fake accounts with An Post, Permanent TSB and KBC but no loans were approved on those accounts, he added.
Det Garda McCarthy said the loan applications were a “quick enough process” for the pair who had an extensive operation in place.
He said the defendants co-operated fully with gardaí upon their arrest. They made admissions of guilt in garda interviews in August 2018 when they said they were motivated purely by financial gain.
Det Garda McCarthy said Mr Flynn had two children from a previous marriage which had broken down and Ms Clarke was the mother of another child from a previous relationship.
The court heard that if the case had proceeded to trial it would have involved an extensive document trail with the pair facing over 300 counts each.
Alice Fawsitt SC, representing Ms Clarke said her client and Mr Flynn had voluntarily handed over the keys for the safe. She stressed, while they had robbed from banks, they saved the state an enormous amount of money by entering a guilty plea and avoiding a trial. She told Judge Seán O'Donnabháin that her client had a history of depression.
She said that at no time had Ms Clarke attempted to blame her husband but instead insisted she was an equal participant in the scheme.
Ms Clarke she said lost her father in her 20s and her mother has also died. Ms Fawsitt said Ms Clarke was an only child without family support other than an aunt.
She said her client had no idea how she had gotten herself in to this situation but she was keen to put her personal affairs in order before entering prison. Ms Fawsitt asked that she be remanded on bail for a few days to get her family affairs in order.
Séamus Roche SC, representing Mr Flynn said his client had lost his family and business and was depressed having gone bankrupt. The court heard that the pair had shown an aberration of judgement in getting involved in the criminal activity.
Mr Flynn was remanded in custody until Friday for sentencing while Ms Flynn was given bail until then in order to make arrangements for her children.
The pair were struck off as solicitors in 2018 for matters completely separate to this Garda investigation.
They had been suspended in 2016 but were not struck off until two years later. They were struck off for not performing their duties properly in a practice which was deemed to be “chaotic”. The pair had ceased practice in November 2016.
When the married couple first appeared before Cork District Court in connection with the charges they were granted free aid. The court heard Mr Flynn was working as a chef while Ms Clarke was on a back-to-work scheme.
The pair practised at Keith Flynn & Company. Ms Clarke is a former Fine Gael candidate who put her name forward for the party in the Cork North West Ward in the 2014 Cork City Council local elections. She received just over 300 votes.


theirishtimes--2020-10-27--Further 51,700 to get pandemic payment this week after Level 5 move

An additional 51,700 people will receive the Pandemic Unemployment Payment this week .
The development is a result of the country moving to Level 5 of the Government ’ s Covid-19 roadmap .
Figures from the Department of Social Protection show that 295,860 people will receive the payment this week , at a total cost of €85.6 million , an increase of more than €20 million from last week .
The figures come following the Government ’ s decision last week to close all non-essential retail and to permit restaurants and bars to provide delivery or takeaway services .
The @ @ @ @ @ @ @ receiving the payment this week is accommodation and food service ( 90,051 ) , followed by wholesale and retail trade ( 43,432 ) and administrative and support service ( 25,656 ) .
The group with the highest number of people receiving the payment is the under 25s at 74,479 , followed by the 25- to 34-year-old cohort at 68,111 .
The department stated that despite the increase in restrictions , about 3,000 people closed their Pandemic Unemployment Payment claims this week .
Minister for Social Protection Heather Humphreys said this week ’ s @ @ @ @ @ @ @ of the Level 5 restrictions .
“ I know this has been a really difficult few days , particularly for those who have temporarily lost their jobs or whose businesses have had to close , ” said Ms Humphreys .
“ I know that people are worried about the next few weeks .
.
.
but I also know that we have it in us to suppress this virus and protect lives.
” She called on the public to “ redouble our efforts ” in suppressing the virus this week .
“ Limit @ @ @ @ @ @ @ and stay within 5km of our home for exercise .
This is in our gift .
We have shown before that we can get this virus back under control and allow our economy to reopen again.
” There are now four different rates of the payment , with the Cabinet agreeing to restore the maximum of €350 per week in light of the tighter restrictions .
From October 16th those who earned below €200 will receive €203 per week , people who earned between €200 to €299.99 will receive €250 per week , @ @ @ @ @ @ @ to €399.99 will receive €300 per week and people who earned €400 or more will receive a rate of €350 per week .
Existing recipients of the payment who previously earned more than €400 gross have had their payment rate increased automatically and have received the higher figure of €350 this week , said the department .
About 40 per cent of payment claimants received the highest rate of pay this week ( 122,193 ) .
The lowest rate of pay had the second highest number of claimants at 67,026 , followed by @ @ @ @ @ @ @ 54,785 .
Self-employed people on the payment , including those who work in the arts and entertainment industry , taxi drivers and others , can earn up to €480 per month , while retaining full entitlement to the payment .

Self-employed people on the Pandemic Unemployment Payment can earn up to €480 per month while retaining full entitlement to the payment. File photograph: Getty
An additional 51,700 people will receive the Pandemic Unemployment Payment this week.
The development is a result of the country moving to Level 5 of the Government's Covid-19 roadmap. Figures from the Department of Social Protection show that 295,860 people will receive the payment this week, at a total cost of €85.6 million, an increase of more than €20 million from last week.
The figures come following the Government’s decision last week to close all non-essential retail and to permit restaurants and bars to provide delivery or takeaway services.
The sector with the highest number of people receiving the payment this week is accommodation and food service (90,051), followed by wholesale and retail trade (43,432) and administrative and support service (25,656).
READ MORE
The group with the highest number of people receiving the payment is the under 25s at 74,479, followed by the 25- to 34-year-old cohort at 68,111.
The department stated that despite the increase in restrictions, about 3,000 people closed their Pandemic Unemployment Payment claims this week.
Minister for Social Protection Heather Humphreys said this week's figures reflect the "economic impact" of the Level 5 restrictions.
“I know this has been a really difficult few days, particularly for those who have temporarily lost their jobs or whose businesses have had to close,” said Ms Humphreys.
“I know that people are worried about the next few weeks . . . but I also know that we have it in us to suppress this virus and protect lives.”
Ministerial plea
She called on the public to “redouble our efforts” in suppressing the virus this week.
“Limit our contacts, work remotely where possible and stay within 5km of our home for exercise. This is in our gift. We have shown before that we can get this virus back under control and allow our economy to reopen again.”
There are now four different rates of the payment, with the Cabinet agreeing to restore the maximum of €350 per week in light of the tighter restrictions.
From October 16th those who earned below €200 will receive €203 per week, people who earned between €200 to €299.99 will receive €250 per week, individuals with weekly earnings of between €300 to €399.99 will receive €300 per week and people who earned €400 or more will receive a rate of €350 per week.
Existing recipients of the payment who previously earned more than €400 gross have had their payment rate increased automatically and have received the higher figure of €350 this week, said the department.
About 40 per cent of payment claimants received the highest rate of pay this week (122,193). The lowest rate of pay had the second highest number of claimants at 67,026, followed by the second lowest rate of pay at 54,785.
Self-employed people on the payment, including those who work in the arts and entertainment industry, taxi drivers and others, can earn up to €480 per month, while retaining full entitlement to the payment.


theirishtimes--2020-10-27--Climate Bill will not deliver desired cut in emissions, says expert

The Government ’ s Bill to enshrine in law a commitment to decarbonise Ireland by 2050 in its present form will not drive down carbon emissions to the level required , according to an international climate legislation expert .
Jonathan Church , a climate accountability lawyer with Client Earth , told the Oireachtas committee on climate action on Tuesday the Bill lacked accountability .
National climate laws needed to put in place systems of governance which , through frequent and focused moments of accountability , “ bake in ” a need to “ course correct ” if ever progress is @ @ @ @ @ @ @ These were absent in the proposed legislation .
The committee is undertaking pre-legislative scrutiny of the Climate Action and Low Carbon Development ( Amendment ) Bill which proposes Ireland move to a climate neutral economy with net zero emissions by 2050 and facilitate five-yearly carbon budgets by imposing sectoral ceilings on emissions .
He echoed widely expressed concerns that the Bill , as it stands , is weak – especially when compared with more robust laws like the UK climate Act .
It presented only a loosely defined “ national 2050 climate objective @ @ @ @ @ @ @ not tying its carbon budgets strongly to that objective .
“ Likewise , it is regrettable that there is no duty for the objective or carbon budgets to be achieved , ” Mr Church added .
He said it was natural that legislatures would be cautious about imposing broad legal duties on governments to meet ambitious targets years in the future .
But the solution was not to compromise on climate laws by making them weak or unenforceable ; rather it was to have them focus on guiding government action effectively over time @ @ @ @ @ @ @ fact be missed ” .
On the Irish Bill , he noted : “ It seems to me less well equipped than the UK Act to deliver policy progress that will deliver emissions targets .
“ Accountability is weak .
The Government is not required even to respond to the advisory council ’ s annual report .
Where a response is required to a report of the joint committee , there are no requirements as to what that response must include .
No corrective actions are required , ” he said .
Former @ @ @ @ @ @ @ FG ) questioned if there was a risk that governments would be in the courts regularly if , for example , there was a “ lock-in ” of annual emissions reduction targets , at the very time there was a need to “ socialise ” decarbonisation actions and to get buy-in .
Mr Church said in his view the more vague and “ the less well targeted ” the legislation , the greater the risk of litigation .
He advocated being clear and concise which would reduce the likelihood of being brought to @ @ @ @ @ @ @ what the government needed to be doing in keeping on track towards targets , combined with regular intervention , prevented problems building up over time , he said – especially when carbon budgets were being exceeded .
Dr Thomas Muinzer , a specialist energy transition lawyer at the University of Aberdeen , said the Bill “ amounts to progress of a kind ” compared to the 2015 climate Act , but “ it does not develop the original Act in a substantial enough manner to neutralise the weaker and more ineffectual aspects of @ @ @ @ @ @ @ soft language of the 2050 “ objective ” should to be replaced by a 2050 “ target ” – as is the case in the UK Climate Change Act – “ if the legislation is to drive a meaningful emissions reductions trajectory ” , Dr Muinzer said .
“ The carbon budget levels would need to be fairly stringent , and subject to a less flexible and fluid design than is currently applied ; and these budget levels in turn should be ideally pegged to interim targets that drive an emissions reduction trajectory @ @ @ @ @ @ @ added .
Other desirable components underpinning climate legislation including sanctioning mechanisms and enhanced public participation and engagement could also be included , Dr Muinzer believed .

The committee was told that national climate laws needed to put in place systems of governance which ‘bake in’ a need to ‘course correct’ if ever progress is falling behind. File photograph: Getty
The Government's Bill to enshrine in law a commitment to decarbonise Ireland by 2050 in its present form will not drive down carbon emissions to the level required, according to an international climate legislation expert.
Jonathan Church, a climate accountability lawyer with Client Earth, told the Oireachtas committee on climate action on Tuesday the Bill lacked accountability.
National climate laws needed to put in place systems of governance which, through frequent and focused moments of accountability, “bake in” a need to “course correct” if ever progress is falling behind, Mr Church added. These were absent in the proposed legislation.
The committee is undertaking pre-legislative scrutiny of the Climate Action and Low Carbon Development (Amendment) Bill which proposes Ireland move to a climate neutral economy with net zero emissions by 2050 and facilitate five-yearly carbon budgets by imposing sectoral ceilings on emissions.
READ MORE
He echoed widely expressed concerns that the Bill, as it stands, is weak – especially when compared with more robust laws like the UK climate Act.
It presented only a loosely defined “national 2050 climate objective” of achieving carbon neutrality and in not tying its carbon budgets strongly to that objective. “Likewise, it is regrettable that there is no duty for the objective or carbon budgets to be achieved,” Mr Church added.
He said it was natural that legislatures would be cautious about imposing broad legal duties on governments to meet ambitious targets years in the future. But the solution was not to compromise on climate laws by making them weak or unenforceable; rather it was to have them focus on guiding government action effectively over time “so these targets will not in fact be missed”.
On the Irish Bill, he noted: “It seems to me less well equipped than the UK Act to deliver policy progress that will deliver emissions targets.
“Accountability is weak. The Government is not required even to respond to the advisory council’s annual report. Where a response is required to a report of the joint committee, there are no requirements as to what that response must include. No corrective actions are required,” he said.
Former minister for climate action Richard Bruton (FG) questioned if there was a risk that governments would be in the courts regularly if, for example, there was a "lock-in" of annual emissions reduction targets, at the very time there was a need to "socialise" decarbonisation actions and to get buy-in.
Mr Church said in his view the more vague and “the less well targeted” the legislation, the greater the risk of litigation. He advocated being clear and concise which would reduce the likelihood of being brought to court.
Having sanctions and focus on what the government needed to be doing in keeping on track towards targets, combined with regular intervention, prevented problems building up over time, he said – especially when carbon budgets were being exceeded.
Carbon budget levels
Dr Thomas Muinzer, a specialist energy transition lawyer at the University of Aberdeen, said the Bill "amounts to progress of a kind" compared to the 2015 climate Act, but "it does not develop the original Act in a substantial enough manner to neutralise the weaker and more ineffectual aspects of its legislative character".
The relatively soft language of the 2050 “objective” should to be replaced by a 2050 “target” – as is the case in the UK Climate Change Act – “if the legislation is to drive a meaningful emissions reductions trajectory”, Dr Muinzer said.
“The carbon budget levels would need to be fairly stringent, and subject to a less flexible and fluid design than is currently applied; and these budget levels in turn should be ideally pegged to interim targets that drive an emissions reduction trajectory towards the 2050 target,” he added.
Other desirable components underpinning climate legislation including sanctioning mechanisms and enhanced public participation and engagement could also be included, Dr Muinzer believed.


theirishtimes--2020-10-27--Large retailers modify stores and block off non-essential products from customers

Large retailers across the State have modified stores and blocked off products deemed unessential in the wake of widespread Garda interventions over the bank holiday weekend aimed at ensuring they were in compliance with lockdown rules .
A cross-industry conference call with Damian English , the junior minister with responsibility for the retail sector , has been arranged for Wednesday morning amid confusion about how level 5 restrictions on retail are being enforced .
Under those rules shops which can open between now and the beginning of December include supermarkets , pharmacies , health and hardware stores , shops selling @ @ @ @ @ @ @ things deemed essential for the welfare of animals and shops selling products necessary for the “ essential upkeep and functioning of places of residence and businesses ” .
All retail outlets which can operate a click and collect system , home delivery or phone ordering can also continue to trade although people will not be able to visit the shops to browse the aisles .
Frustration has been mounting in recent days that retailers including clothes and shoe shops had started stocking and selling PPE so they could stay open while chains including @ @ @ @ @ @ @ sell clothes alongside food and other essential supplies .
Retail Ireland Director Arnold Dillon told The Irish Times that the designation of “ some shops as essential and others as not has created confusion , especially where stores stock a wide range of different products side by side.
” He said it was “ important that we get a consistent approach to enforcement across the county , although grey areas will inevitably arise .
Ultimately , the solution is to get all of retail back open as soon as possible , while safeguarding @ @ @ @ @ @ @ the same time.
” There have also been calls for “ a common sense approach ” to be adopted as a matter of an urgency .
“ We have heard reports of confusion as gardaí have checked retailers for compliance with the new restrictions , ” said Duncan Graham of Retail Excellence .
He said pharmacies had been told in some instances that selling fragrances was a breach of the Level 5 restrictions .
“ What we need is to adopt a common sense approach and avoid going to extremes , ” he @ @ @ @ @ @ @ retailers selling a mix of stock were being asked by the authorities to block off portions of aisles using plastic screens and he cautioned against importing such a “ heavy handed ” approach in this jurisdiction .
He stressed that shops should be allowed to resume trading as soon as possible to maximize their chances of survival into the new year .
At the weekend the Tánaiste and Minister for Enterprise Leo Varadkar said selling non-essential items alongside essential goods was “ not lawful ” and he called on retailers to “ abide @ @ @ @ @ @ @ by the spirit of the regulations.
” He said mixed retailers would have to separate their stock “ and only sell the items that are essential ” and cited the example of a supermarket which has groceries and clothes saying the latter section should be cordoned off .
On Saturday and Sunday gardaí stepped up the policing of retail spaces although a spokesman declined to say how many shops had been visited or what if any action had been taken against those found to be in breach of the rules .
The Irish @ @ @ @ @ @ @ stores were visited by gardaí .
A spokeswoman said it was “ adhering to Government guidelines and have closed our F & F clothing , home entertainment and toys units across the country .
We will continue to offer a very limited range of essential clothing items only for customers for example , school wear and some baby clothing.
” Dunnes Stores outlets had also blocked access to its clothes and homewares in many stores by the end of the weekend although it did not respond to queries put to it by The @ @ @ @ @ @ @ said as an essential service it was able to continue to trade .
“ We are prioritising the sale of essential items in our stores , however if a customer wishes to purchase additional products from another area of the store , they are able to do so.
” One of the reasons why there is so much more confusion and concern about how retail is operating during the current restrictions is as a result of a substantial broadening of the list of retail allowed to trade during the latest Level 5 lockdown @ @ @ @ @ @ @ a grey area , it is a rabbit hole , ” one industry source said .
“ Do you close a newsagent for selling tights or hair clips , do you stop that newsagent selling books in the corner of the shop ?
How do you define a shop that sells products deemed essential for the “ upkeep and functioning of places of residence ?
And what happens in the middle aisles of Aldi and Lidl ?
”

A spokeswoman for Tesco said it was adhering to Government guidelines and had closed its F&F clothing, home entertainment and toys units across the country. File photograph: Nick Ansell/PA Wire
Large retailers across the State have modified stores and blocked off products deemed unessential in the wake of widespread Garda interventions over the bank holiday weekend aimed at ensuring they were in compliance with lockdown rules.
A cross-industry conference call with Damian English, the junior minister with responsibility for the retail sector, has been arranged for Wednesday morning amid confusion about how level 5 restrictions on retail are being enforced.
Under those rules shops which can open between now and the beginning of December include supermarkets, pharmacies, health and hardware stores, shops selling PPE, fuel providers, shops selling things deemed essential for the welfare of animals and shops selling products necessary for the “essential upkeep and functioning of places of residence and businesses”.
All retail outlets which can operate a click and collect system, home delivery or phone ordering can also continue to trade although people will not be able to visit the shops to browse the aisles.
READ MORE
Frustration has been mounting in recent days that retailers including clothes and shoe shops had started stocking and selling PPE so they could stay open while chains including Dunnes Stores and Tesco were continuing to sell clothes alongside food and other essential supplies.
Retail Ireland Director Arnold Dillon told The Irish Times that the designation of "some shops as essential and others as not has created confusion, especially where stores stock a wide range of different products side by side."
He said it was “important that we get a consistent approach to enforcement across the county, although grey areas will inevitably arise. Ultimately, the solution is to get all of retail back open as soon as possible, while safeguarding the safety of customers and staff at the same time.”
There have also been calls for “a common sense approach” to be adopted as a matter of an urgency.
“We have heard reports of confusion as gardaí have checked retailers for compliance with the new restrictions,” said Duncan Graham of Retail Excellence.
He said pharmacies had been told in some instances that selling fragrances was a breach of the Level 5 restrictions. “What we need is to adopt a common sense approach and avoid going to extremes,” he said.
He pointed towards Wales where retailers selling a mix of stock were being asked by the authorities to block off portions of aisles using plastic screens and he cautioned against importing such a "heavy handed" approach in this jurisdiction.
He stressed that shops should be allowed to resume trading as soon as possible to maximize their chances of survival into the new year.
At the weekend the Tánaiste and Minister for Enterprise Leo Varadkar said selling non-essential items alongside essential goods was "not lawful" and he called on retailers to "abide by the regulations and ... to abide by the spirit of the regulations."
He said mixed retailers would have to separate their stock “and only sell the items that are essential” and cited the example of a supermarket which has groceries and clothes saying the latter section should be cordoned off.
On Saturday and Sunday gardaí stepped up the policing of retail spaces although a spokesman declined to say how many shops had been visited or what if any action had been taken against those found to be in breach of the rules.
The Irish Times understands that the majority of Tesco stores were visited by gardaí.
A spokeswoman said it was “adhering to Government guidelines and have closed our F&F clothing, home entertainment and toys units across the country. We will continue to offer a very limited range of essential clothing items only for customers for example, school wear and some baby clothing.”
Dunnes Stores outlets had also blocked access to its clothes and homewares in many stores by the end of the weekend although it did not respond to queries put to it by The Irish Times.
A spokeswoman for Boots said as an essential service it was able to continue to trade. “We are prioritising the sale of essential items in our stores, however if a customer wishes to purchase additional products from another area of the store, they are able to do so.”
One of the reasons why there is so much more confusion and concern about how retail is operating during the current restrictions is as a result of a substantial broadening of the list of retail allowed to trade during the latest Level 5 lockdown.
"It is more than just a grey area, it is a rabbit hole," one industry source said. "Do you close a newsagent for selling tights or hair clips, do you stop that newsagent selling books in the corner of the shop? How do you define a shop that sells products deemed essential for the "upkeep and functioning of places of residence? And what happens in the middle aisles of Aldi and Lidl?"


theirishtimes--2020-10-27--Woman who lost damages case over ‘thrill ride’ must pay appeal costs

A woman who lost a High Court case and an appeal over an accident on a thrill ride during a holiday will have to pay the costs of the appeal , the Court of Appeal has decided .
Siobhán Kellett was previously ordered to pay the costs of the two-day High court hearing of her case , brought after she fractured her elbow during a “ White Knuckle ” boat ride during a shore excursion while on a Caribbean cruise .
Ms Kellett , Rockfield Green , Maynooth , Co Kildare , had sued British company RCL Cruises Ltd of @ @ @ @ @ @ @ cruise ship Freedom of the Seas and which , it was claimed , was responsible for the excursion .
She also sued Panther Associates Ltd , trading as Tour America , of Middle Abbey Street , Dublin , where she booked the holiday .
Ms Kellett , a dance teacher , lost her action last year over the accident during the April 2016 cruise with her husband to celebrate her 50th birthday and silver wedding anniversary .
The case ran for two days and she was ordered to pay its costs but a @ @ @ @ @ @ @ appeal .
Last May , the Court of Appeal dismissed her appeal and deferred its decision on costs of the appeal .
In its recent judgment concerning those costs , the three-judge appeal court said there was no basis for an order splitting the share of costs between the parties .
The court made an order for the costs of the appeal in favour of RCL and Panther Associates .
In the High Court Ms Kellett said she was thrown out of her seat and banged her elbow against the metal side of @ @ @ @ @ @ @ of the boat ride .
It was part of an excursion the couple took when their cruise ship docked at St Maarten in the West Indies .
She alleged failure to provide any or any adequate safety restraints , harness or belts on the jet boat to ensure passengers were kept safe from injury .
The claims were denied .
The High Court judge said he could not find Ms Kellett ’ s injury happened as a result of any negligence on the part of the excursion operators in relation to the condition @ @ @ @ @ @ @ find any liability on the part of the defendants .
Ms Kellett was not able to keep herself seated as she had been instructed to do ; as a result she injured herself and this , unfortunately , was simply an injury which occurred in the course of a vigorous activity , the judge said .
The Court of Appeal agreed .

The court made an order for the costs of the appeal in favour of RCL and Panther Associates.
A woman who lost a High Court case and an appeal over an accident on a thrill ride during a holiday will have to pay the costs of the appeal, the Court of Appeal has decided.
Siobhán Kellett was previously ordered to pay the costs of the two-day High court hearing of her case, brought after she fractured her elbow during a “White Knuckle” boat ride during a shore excursion while on a Caribbean cruise.
Ms Kellett, Rockfield Green, Maynooth, Co Kildare, had sued British company RCL Cruises Ltd of Weybridge, Surrey, which operated the cruise ship Freedom of the Seas and which, it was claimed, was responsible for the excursion.
She also sued Panther Associates Ltd, trading as Tour America, of Middle Abbey Street, Dublin, where she booked the holiday.
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Ms Kellett, a dance teacher, lost her action last year over the accident during the April 2016 cruise with her husband to celebrate her 50th birthday and silver wedding anniversary. The case ran for two days and she was ordered to pay its costs but a stay was put on the order pending appeal.
Deferred
Last May, the Court of Appeal dismissed her appeal and deferred its decision on costs of the appeal. In its recent judgment concerning those costs, the three-judge appeal court said there was no basis for an order splitting the share of costs between the parties.
The court made an order for the costs of the appeal in favour of RCL and Panther Associates.
In the High Court Ms Kellett said she was thrown out of her seat and banged her elbow against the metal side of the jet boat during two 360-degree manoeuvres of the boat ride. It was part of an excursion the couple took when their cruise ship docked at St Maarten in the West Indies.
She alleged failure to provide any or any adequate safety restraints, harness or belts on the jet boat to ensure passengers were kept safe from injury. The claims were denied.
The High Court judge said he could not find Ms Kellett’s injury happened as a result of any negligence on the part of the excursion operators in relation to the condition of the boat and he could not find any liability on the part of the defendants.
Ms Kellett was not able to keep herself seated as she had been instructed to do; as a result she injured herself and this, unfortunately, was simply an injury which occurred in the course of a vigorous activity, the judge said. The Court of Appeal agreed.


theirishtimes--2020-10-27--Husband loses appeal to overturn interim barring order

A man who disputed his estranged wife ’ s claim of fear of being attacked by him , saying she was “ well able to look after herself ” having had martial arts training , has lost his High Court appeal aimed at overturning an interim barring order .
Mr Justice Max Barrett said there were substantive reasons to favour the woman ’ s evidence over the man ’ s , including her evidence of a pattern of emotional abuse , threats , and intimidating and abusive behaviour which she suffered until it became too much and she contacted Women @ @ @ @ @ @ @ barring orders .
Having observed the woman , it seemed she had experienced “ very real ” fear at times in her dealings with the man .
In her application for the barring order , she came across as a fearful woman “ at her wits ’ end ” in terms of dealing with his impossible and intimidating behaviour and “ the constant threat of imminent harm ” .
While the man repeatedly indicated her various allegations were untrue , she holds down a responsible job and her demeanour and evidence buttressed the @ @ @ @ @ @ @ the truth “ and a sorry truth it was ” .
Noting the man ’ s martial arts claims , the judge said the woman obtained a Red Belt qualification as a teenager but , even if she had the highest ability in martial arts and/or boxing , such a line of argument was “ wrong and objectionable ” .
Domestic violence , and the threat of domestic violence even where no actual violence ensued , “ is always unacceptable .
There are no ‘ ifs ’ or ‘ buts ’ in this @ @ @ @ @ @ @ circumstance.
” There was abundant evidence to support the making in late 2019 of the interim barring order under section 8 of the Domestic Violence Act 2018 and no legal reason for it to be set aside , he held .
He rejected the man ’ s arguments of no evidence of an “ immediate ” risk of significant harm as required under section 8 .
It is the “ risk ” of significant harm that needs to be immediate , not the harm , he said .
The words “ immediate ” @ @ @ @ @ @ @ context of the purpose of the Act , must be given respectively the widest and narrowest possible readings .
The Act ’ s purpose was not just to address domestic violence but also eliminate what the Oireachtas clearly perceived as a “ pernicious evil ” .
The word harm should also be given the widest possible reading to embrace evil ( physical or otherwise ) , hurt , injury , damage or mischief .
The nature of the harm perceived here was psychological abuse and/or unusual behaviour which had the woman afraid , @ @ @ @ @ @ @ to be near moments of danger , a flare-up was imminent in which she might be attacked .
He did not accept the man ’ s claims of being the victim of “ a web of lies and machinations ” or that the woman wanted him out of the house so her “ new love ” can move in .
The court considered “ less than appropriate ” the man ’ s emphasis on the new love being another woman “ as though this somehow matters ” .
Earlier , the judge noted @ @ @ @ @ @ @ man had behaved in a bullying and aggressive manner towards her for some time and their marriage had broken down by the end of 2016 .
They told their children the following year they intended to separate and the woman claimed , after an unsuccessful mediation in early 2018 , the man ’ s behaviour deteriorated to the extent she was in fear for her own and the children ’ s safety .
She described the home atmosphere as “ toxic ” , claimed he shunned her efforts to agree an orderly schedule @ @ @ @ @ @ @ 2019 , she was subject to threatening and abusive tirades from him on an almost daily basis .
His behaviours included shouting at and threatening her , telling her to “ be careful ” and she would get her “ comeuppance ” , walking circuits around her , silently staring at her and sitting on the stairs outside her bedroom , it was claimed .
Mr Justice Barrett noted , since the interim barring order was made , the man had “ troublingly ” taken to parking his car in such a way @ @ @ @ @ @ @ her driveway .
He did not accept the man ’ s explanation he was parking that way to avoid parking in a puddle and reminded him the order bars him from putting the woman in fear by attending at or near her residence .

Mr Justice Max Barrett says domestic violence, and the threat of domestic violence even where no actual violence ensues, is always unacceptable.
A man who disputed his estranged wife's claim of fear of being attacked by him, saying she was "well able to look after herself" having had martial arts training, has lost his High Court appeal aimed at overturning an interim barring order.
Mr Justice Max Barrett said there were substantive reasons to favour the woman's evidence over the man's, including her evidence of a pattern of emotional abuse, threats, and intimidating and abusive behaviour which she suffered until it became too much and she contacted Women's Aid and sought protection and barring orders.
Having observed the woman, it seemed she had experienced “very real” fear at times in her dealings with the man.
In her application for the barring order, she came across as a fearful woman “at her wits’ end” in terms of dealing with his impossible and intimidating behaviour and “the constant threat of imminent harm”.
READ MORE
While the man repeatedly indicated her various allegations were untrue, she holds down a responsible job and her demeanour and evidence buttressed the court’s sense she was telling the truth “and a sorry truth it was”.
Noting the man’s martial arts claims, the judge said the woman obtained a Red Belt qualification as a teenager but, even if she had the highest ability in martial arts and/or boxing, such a line of argument was “wrong and objectionable”.
Threat of violence
Domestic violence, and the threat of domestic violence even where no actual violence ensued, “is always unacceptable. There are no ‘ifs’ or ‘buts’ in this regard, no exceptions, no mitigating circumstance.”
There was abundant evidence to support the making in late 2019 of the interim barring order under section 8 of the Domestic Violence Act 2018 and no legal reason for it to be set aside, he held.
He rejected the man’s arguments of no evidence of an “immediate” risk of significant harm as required under section 8. It is the “risk” of significant harm that needs to be immediate, not the harm, he said.
The words "immediate" and "significant", in the context of the purpose of the Act, must be given respectively the widest and narrowest possible readings. The Act's purpose was not just to address domestic violence but also eliminate what the Oireachtas clearly perceived as a "pernicious evil".
The word harm should also be given the widest possible reading to embrace evil (physical or otherwise), hurt, injury, damage or mischief.
The nature of the harm perceived here was psychological abuse and/or unusual behaviour which had the woman afraid, following a couple of what she perceived to be near moments of danger, a flare-up was imminent in which she might be attacked.
He did not accept the man’s claims of being the victim of “a web of lies and machinations” or that the woman wanted him out of the house so her “new love” can move in. The court considered “less than appropriate” the man’s emphasis on the new love being another woman “as though this somehow matters”.
Marriage breakdown
Earlier, the judge noted the background included the woman claimed the man had behaved in a bullying and aggressive manner towards her for some time and their marriage had broken down by the end of 2016.
They told their children the following year they intended to separate and the woman claimed, after an unsuccessful mediation in early 2018, the man’s behaviour deteriorated to the extent she was in fear for her own and the children’s safety.
She described the home atmosphere as “toxic”, claimed he shunned her efforts to agree an orderly schedule regarding the children and, by summer 2019, she was subject to threatening and abusive tirades from him on an almost daily basis.
His behaviours included shouting at and threatening her, telling her to “be careful” and she would get her “comeuppance”, walking circuits around her, silently staring at her and sitting on the stairs outside her bedroom, it was claimed.
Mr Justice Barrett noted, since the interim barring order was made, the man had “troublingly” taken to parking his car in such a way as to stop the woman driving out her driveway. He did not accept the man’s explanation he was parking that way to avoid parking in a puddle and reminded him the order bars him from putting the woman in fear by attending at or near her residence.


theirishtimes--2020-10-27--Coronavirus: Too early to say if Ireland has turned a corner, warns Tony Holohan

The chief medical officer has warned it is too early to say whether Ireland has turned a corner in its management of Covid-19 , despite falling daily case numbers and other positive indicators .
Dr Tony Holohan said he was “ definitely not ” at a stage where he could confidently say a corner had been turned , pointing out that numbers had stabilised in Dublin after the introduction of Level 3 measures , before then taking off again .
The CMO said that while it was welcome to see fewer cases being reported daily this week than in recent @ @ @ @ @ @ @ of saying it ’ s any kind of a trend ” .
I wouldn ’ t take any encouragement from it at this stage , ” he said .
“ We need to see this kind of change and see it keep up , and accelerate if anything from where we are at the moment.
” With case numbers and positivity rates of tests lower in recent days , Dr Holohan said there are “ better signs ” about the disease ’ progression , “ but are we at a point where we @ @ @ @ @ @ @ having the impact we need them to have and the scale we need them to have ?
We ’ re not quite at that point yet.
” He was speaking after the Department of Health confirmed a further five deaths associated with the virus , bringing the total in the State to 1,890 .
A further 720 cases were confirmed , with four out of the past five days recording fewer than 1,000 new cases .
This follows an eight-day period where new daily cases were consistently above 1,000 .
The national 14 @ @ @ @ @ @ @ 100,000 of population , and the five day moving average is 862 cases per day .
There have been a total of 58,767 confirmed cases of Covid-19 in Ireland .
Data on behavioural attitudes shows that people are beginning to return to levels of compliance with stay at home advice seen during the Spring .
The data shows that of 2,000 people surveyed , around 90 per cent were complying in April , which dipped in the summer to 66 per cent .
It has increased again to 81 per cent .
He @ @ @ @ @ @ @ ( Nphet ) would meet this week for a fuller assessment of the trends of recent days .
Asked about testing and tracing , which was overwhelmed earlier this month leading to almost 2,000 people being asked to do their own contact tracing , he said the system was “ very robust ” and added that the first line of defence was personal behaviour .
He said he is confident there will be “ a significant suppression of this virus over the course of the next number of weeks ” , and that @ @ @ @ @ @ @ widely , “ that whole system will have the capacity at much lower case loads to deal with that.
” He pointed out that contact tracing systems across Europe have “ essentially been breached by the scale of the infection that every European country is now experiencing.
” Level 3 restrictions , he said , seemed to stabilise the progression of the virus but failed to drive it back down again .
Dr Heather Burns , deputy chief medical officer , said that the data on positivity rates in schools suggested that they @ @ @ @ @ @ @ primary schools , 2.7 per cent of close contacts of confirmed cases are testing positive , she said , and in secondary schools the corresponding rate is 2.1 per cent .
In the wider population , 10 per cent of close contacts test positive .
She said this was “ reassuring ” and added that there has been “ considerable buy in in terms of implementing public health guidelines and keeping schools a safe environment for our students ” .
Dr Holohan said the Nphet does not anticipate advising the Government not to @ @ @ @ @ @ @ mid term break .
Amid ongoing pressure from the aviation sector to liberalise the State ’ s approach to international travel , the CMO said data from across Europe and North America is “ really concerning , and I ’ m being diplomatic when I say that.
” He said Ireland is mid table in terms of how the virus is progressing , and that internationally the situation is “ rapidly deteriorating ” .
“ The position in terms of the risks around travel at this moment in time are very , very @ @ @ @ @ @ @ of Covid-19 confirmed on Tuesday 348 are in men and 371 among woman .
Some 65 per cent are under 45 years of age .
A total of 228 of the new cases are in Dublin , with 130 in Cork , 47 in Galway , 31 in Meath , 27 in Limerick and the remaining 257 cases are spread across another 20 counties .
There were 341 patients being treated for Covid-19 in the State ’ s hospitals on Tuesday afternoon , of which 38 are in intensive care .
There were @ @ @ @ @ @ @ hours .
A total of 14,648 cases of coronavirus have been reported over the past two weeks with the 14 day incidence rate of infection now at 308 per 100,000 of the population .
The county with the highest 14 day incidence rate remains Cavan at 962.2 per 100,000 followed by Meath at 662.9 per 100,000 .
In Dublin the rate stands at 260 per 100,000 .
On Monday Dr Holohan had urged people with Covid-19 and their contacts to act fully in accordance with advice .
“ There are too many stories @ @ @ @ @ @ @ not self-isolating , also contacts not restricting movements , ” he said .
Urging people to “ spread the message , not the virus ” , he said self-isolating meant staying indoors completely and avoiding contact with all other people .
Anyone waiting for a Covid-19 test or test result must self-isolate for 10 days and those they live with or close contacts of a case must restrict their movements for 14 days , he said .
Thirteen more deaths from coronavirus in Northern Ireland were also reported on Tuesday by the North @ @ @ @ @ @ @ brings the total number of deaths in the North since the outbreak of the pandemic to 671 .
With heavy pressures now falling on hospitals and doctors ’ surgeries due to Covid-19 the department reported 722 new positive cases of the virus , bringing the overall total to 35,554 with 6,493 cases occurring in the past seven days .

Chief medical officer Dr Tony Holohan said that while it was good to see fewer cases being reported each day this week than in recent weeks, he would “stop short of saying it’s any kind of a trend” Photograph: Collins Photos
The chief medical officer has warned it is too early to say whether Ireland has turned a corner in its management of Covid-19, despite falling daily case numbers and other positive indicators.
Dr Tony Holohan said he was “definitely not” at a stage where he could confidently say a corner had been turned, pointing out that numbers had stabilised in Dublin after the introduction of Level 3 measures, before then taking off again.
The CMO said that while it was welcome to see fewer cases being reported daily this week than in recent weeks, he would “stop short of saying it’s any kind of a trend”.
I wouldn’t take any encouragement from it at this stage,” he said. “We need to see this kind of change and see it keep up, and accelerate if anything from where we are at the moment.”
READ MORE
With case numbers and positivity rates of tests lower in recent days, Dr Holohan said there are “better signs” about the disease’ progression, “but are we at a point where we can draw any conclusion about the measures having the impact we need them to have and the scale we need them to have? We’re not quite at that point yet.”
He was speaking after the Department of Health confirmed a further five deaths associated with the virus, bringing the total in the State to 1,890. A further 720 cases were confirmed, with four out of the past five days recording fewer than 1,000 new cases. This follows an eight-day period where new daily cases were consistently above 1,000.
The national 14 day incidence rate is 308 cases per 100,000 of population, and the five day moving average is 862 cases per day. There have been a total of 58,767 confirmed cases of Covid-19 in Ireland.
Data on behavioural attitudes shows that people are beginning to return to levels of compliance with stay at home advice seen during the Spring. The data shows that of 2,000 people surveyed, around 90 per cent were complying in April, which dipped in the summer to 66 per cent. It has increased again to 81 per cent.
He said the National Public Health Emergency Team (Nphet) would meet this week for a fuller assessment of the trends of recent days.
Asked about testing and tracing, which was overwhelmed earlier this month leading to almost 2,000 people being asked to do their own contact tracing, he said the system was “very robust” and added that the first line of defence was personal behaviour.
He said he is confident there will be “a significant suppression of this virus over the course of the next number of weeks”, and that when the virus is not circulating as widely, “that whole system will have the capacity at much lower case loads to deal with that.” He pointed out that contact tracing systems across Europe have “essentially been breached by the scale of the infection that every European country is now experiencing.”
Level 3 restrictions, he said, seemed to stabilise the progression of the virus but failed to drive it back down again.
Dr Heather Burns, deputy chief medical officer, said that the data on positivity rates in schools suggested that they are not drivers of infection. In primary schools, 2.7 per cent of close contacts of confirmed cases are testing positive, she said, and in secondary schools the corresponding rate is 2.1 per cent. In the wider population, 10 per cent of close contacts test positive.
She said this was “reassuring” and added that there has been “considerable buy in in terms of implementing public health guidelines and keeping schools a safe environment for our students”.
Dr Holohan said the Nphet does not anticipate advising the Government not to reopen schools at the end of the mid term break.
Amid ongoing pressure from the aviation sector to liberalise the State’s approach to international travel, the CMO said data from across Europe and North America is “really concerning, and I’m being diplomatic when I say that.”
He said Ireland is mid table in terms of how the virus is progressing, and that internationally the situation is “rapidly deteriorating”. “The position in terms of the risks around travel at this moment in time are very, very high.”
Of the 720 new cases of Covid-19 confirmed on Tuesday 348 are in men and 371 among woman.
Some 65 per cent are under 45 years of age.
A total of 228 of the new cases are in Dublin, with 130 in Cork, 47 in Galway, 31 in Meath, 27 in Limerick and the remaining 257 cases are spread across another 20 counties.
There were 341 patients being treated for Covid-19 in the State’s hospitals on Tuesday afternoon, of which 38 are in intensive care.
There were 29 additional hospitalisations in the past 24 hours.
A total of 14,648 cases of coronavirus have been reported over the past two weeks with the 14 day incidence rate of infection now at 308 per 100,000 of the population.
The county with the highest 14 day incidence rate remains Cavan at 962.2 per 100,000 followed by Meath at 662.9 per 100,000. In Dublin the rate stands at 260 per 100,000.
On Monday Dr Holohan had urged people with Covid-19 and their contacts to act fully in accordance with advice.
“There are too many stories of people with symptoms/waiting on tests and not self-isolating, also contacts not restricting movements,” he said.
Urging people to “spread the message, not the virus”, he said self-isolating meant staying indoors completely and avoiding contact with all other people.
Anyone waiting for a Covid-19 test or test result must self-isolate for 10 days and those they live with or close contacts of a case must restrict their movements for 14 days, he said.
Thirteen more deaths from coronavirus in Northern Ireland were also reported on Tuesday by the North's Department of Health.
This brings the total number of deaths in the North since the outbreak of the pandemic to 671.
With heavy pressures now falling on hospitals and doctors’ surgeries due to Covid-19 the department reported 722 new positive cases of the virus, bringing the overall total to 35,554 with 6,493 cases occurring in the past seven days.


theirishtimes--2020-10-27--Yellow weather alert issued for west of country

A status yellow weather warning has been issued for the west of the country as “ heavy and persistent rain ” is forecasted from Thursday .
Met Éireann issued the rainfall warning for Connacht , Donegal , Clare , Cork , Kerry and Limerick .
It will come into effect from midnight on Thursday until 6am on Friday .
The national forecaster said heavy and persistent rain overnight Wednesday through to Friday morning will lead to some flooding and disruption .
Accumulations of 30mm to 60mm are expected widely , with higher values in mountainous regions .
The weather forecaster @ @ @ @ @ @ @ small craft on all Irish coasts as winds reach force 6 or higher on Tuesday night and Wednesday .
Wednesday is expected to be a cool and blustery day with sunny spells and showers , some heavy and prolonged with a risk of hail and isolated thunderstorms , especially in the northwest .
Moderate to fresh and gusty southwesterly winds will persist and will be strong near all coasts .
The highest temperatures on Wednesday will be 9 to 11 degrees .
On Thursday rain will be heaviest and most persistent in western @ @ @ @ @ @ @ heightened risk of flooding .
However conditions will be milder than of late , with afternoon temperatures of 13 to 15 degrees in fresh and gusty southwesterly winds .
These are set to turn strong to near gale force along coasts in the west and south .
A wet and breezy start is expected in southern areas on Friday morning , but most areas should see dry conditions during the afternoon , with winds easing also .
However , further rain is expected to move into southern coastal counties by evening .
It @ @ @ @ @ @ @ of 13 to 15 degrees .
Current indications suggest an unsettled weekend with further spells of rain and strong winds also possible .
It should be mild on Saturday but is forecast to turn cooler from Sunday onward when clear skies may increase the chances of some sunshine .

West warning: Accumulations of 30mm to 60mm are expected widely, with higher values in mountainous regions. File photograph: Getty
A status yellow weather warning has been issued for the west of the country as “heavy and persistent rain” is forecasted from Thursday.
Met Éireann issued the rainfall warning for Connacht, Donegal, Clare, Cork, Kerry and Limerick. It will come into effect from midnight on Thursday until 6am on Friday.
The national forecaster said heavy and persistent rain overnight Wednesday through to Friday morning will lead to some flooding and disruption.
Accumulations of 30mm to 60mm are expected widely, with higher values in mountainous regions.
READ MORE
The weather forecaster has also issued a marine warning for small craft on all Irish coasts as winds reach force 6 or higher on Tuesday night and Wednesday.
Wednesday is expected to be a cool and blustery day with sunny spells and showers, some heavy and prolonged with a risk of hail and isolated thunderstorms, especially in the northwest.
Moderate to fresh and gusty southwesterly winds will persist and will be strong near all coasts. The highest temperatures on Wednesday will be 9 to 11 degrees.
On Thursday rain will be heaviest and most persistent in western coastal counties where there will be a heightened risk of flooding. However conditions will be milder than of late, with afternoon temperatures of 13 to 15 degrees in fresh and gusty southwesterly winds. These are set to turn strong to near gale force along coasts in the west and south.
Southern coastal counties
A wet and breezy start is expected in southern areas on Friday morning, but most areas should see dry conditions during the afternoon, with winds easing also.
However, further rain is expected to move into southern coastal counties by evening. It will continue generally mild with highest temperatures of 13 to 15 degrees.
Current indications suggest an unsettled weekend with further spells of rain and strong winds also possible. It should be mild on Saturday but is forecast to turn cooler from Sunday onward when clear skies may increase the chances of some sunshine.


theirishtimes--2020-10-28--Mother and two children found dead at south Dublin house

Gardaí are investigating the deaths of a woman and two children in south Dublin on Wednesday .
A house in @ @ @ @ @ , has been sealed-off and gardaí are investigating if foul play was a factor in @ @ @ @ @ understood the deceased are a mother and her two children , both of whom were @ @ @ @ @

People at a candlelit vigil in the Llewellyn estate in Ballinteer, south Dublin, following the discovery of bodies of a woman and two young children. Photograph: Brian Lawless/PA Wire
Gardaí are investigating the deaths of a 37-year-old woman and her two children at a house in south Dublin.
The house at Llewellyn Court in Ballinteer, where gardaí believe the bodies of the woman and children, a boy aged six and a girl aged 11, may have lain undiscovered for some time, has been sealed off.
They also said they have established contact with the woman’s husband, who is the children’s father, and he is speaking to the investigating team.
Expand Autoplay Image 1 of 3 The dead woman was married and lived at the property in Ballinteer with her two children, a boy and a girl. Photograph: Brian Lawless/PA Wire
Garda sources said a full postmortem was required before the cause of death was established conclusively. However, gardaí have committed all of the resources of a murder investigation to all three deaths and informed sources said foul play was very strongly suspected.
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The dead woman was married and lived at the property in Ballinteer with her two children, a boy and a girl. Photograph: Brian Lawless/PA Wire
The woman and her husband had lived at the house for some time and were not originally from Ireland but had long settled in the Republic.
Garda Headquarters took the unusual step of issuing a statement urging people to desist from making comments about the case on social media.
“Investigating gardaí are aware of comments circulating on some social media platforms,” the statement said.
"These comments are uninformed and unhelpful to the criminal investigation. An Garda Síochána appeals to members of the public not to circulate this social media speculation."
Gardaí at the house in the Llewellyn estate, Ballinteer, south Dublin, where the bodies of a mother and two young children were found on Wednesday. Photograph: Brian Lawless/PA Wire
Neighbours became concerned for the welfare of the woman and her children late on Wednesday morning and they went to investigate at the semi-detached house in an estate close to Marlay Park.
When the neighbours were unable to contact the woman and their calls to the house were not answered, the Garda was contacted.
Garda members, including armed officers, forced their way into the property early on Wednesday afternoon and found the woman and her children dead.
It is understood the children were found in a bedroom and that the woman’s remains were also discovered upstairs in the property.
The scene in the Llewellyn estate in Ballinteer, south Dublin, has been sealed off. Photograph: Brian Lawless/PA Wire
The woman had been the victim of an alleged assault by a person known to her in recent months, though it was not clear if that was in any way connected to her death.
The Office of the State Pathologist was informed, and the three bodies were still at the scene on Wednesday afternoon where they were expected to undergo a preliminary examination by a pathologist.
Members of the Garda Technical Bureau were due at the house.
An ambulance arrived at the house on Wednesday evening to remove the bodies.
Later, on the main green area on the estate, off Llewellyn Lawn, about 200 people held a vigil for the woman and her children.
They gathered around a recently installed park bench before leaving their candles under the largest tree on the park on the first real winter’s night of the season.
It was a makeshift and impromptu memorial by a Dublin community struggling to make sense of what had just happened in their midst.
Mary Byrne of the local residents’ association said she and the others present had come because they felt they needed to be together to remember the family.
“We didn’t know them very well, they were private people. And we’ve put this bench here lately because we have so many new people in the estate,” she said.
Asked how people were feeling after what had happened, she said the estate was in disbelief and shock about what had happened.
“We just said we have to be here together for them. There is a lot of emotion, it’s just very sad,” she said.
Earlier, Supt Paul Reidy of Blackrock Garda station briefly spoke to the media at the scene to say the three deaths were being treated as “unexplained” at present.
He declined to say if anyone else was being sought in connection with the deaths, adding the results of the postmortems would determine what direction the investigation followed.
“Gardaí got a call here this afternoon where we discovered three fatalities, an adult female and two children aged 11 and six years of age,” he confirmed.
“We immediately commenced an investigation and we called on the services of the State Pathologist and a full technical examination is being conducted at the moment.
“The scene is being preserved. We’re treating the deaths as unexplained at the moment and the results of the postmortems which will be carried out will determine the course of our investigation.”


theirishtimes--2020-10-28--HSE apologises to 2,000 people asked to do their own contact tracing

The HSE has apologised to the almost 2,000 people who were asked to undertake their own contact tracing last week , due to a “ significant increase ” in demand which “ challenged our systems ” .
The HSE ’ s lead on testing , Niamh O ’ Beirne said the service “ apologise ( s ) to the 1,971 people impacted this week , ” and that they will all be contacted this week by the HSE to check if they have called their close contacts and advised them to be tested .
She said the decision to discontinue @ @ @ @ @ @ @ “ was deemed the only viable option in order to deal with the most recent cases quickly and reset the system ” .
The committee heard Covid “ doesn ’ t follow any plan , it is unpredictable and continues to challenge us all individually and equally challenge our testing and tracing service ” .
The test and trace system has undertaken 1.54 million tests with over 58,000 cases detected , while 258,230 contact tracing calls have been completed , she said .
Over 291,000 tests have been undertaken as part of the @ @ @ @ @ @ @ which target particularly vulnerable cohorts where significant outbreaks of Covid have previously been detected - for example food processing plants , nursing homes and direct provision centres .
Speaking about the overall number of tests being undertaken in the State , Ms O ’ Beirne said Ireland is ranked second of 28 European countries with populations of over two million , behind Denmark .
She defended different elements of the State ’ s “ turnaround time ” , a vital metric which measures the time taken from the moment someone is referred for @ @ @ @ @ @ @ calling close contacts to advise them to restrict their movements .
She said 95 per cent of people receive a swabbing appointment on the same or next day , and 95 per cent receive results in less than 48 hours .
She said that this “ compare very well against our European colleagues ” .
“ We meet all testing demand and are still working within our testing capacity , ” she said .
With many committee members focusing on the turnaround times , Ms O ’ Beirne said the average time to @ @ @ @ @ @ @ .
However , Social Democrats co-leader Róisín Shortall said this did not tally with published figures on the HSE website .
She was told the HSE website would be updated with newer figures , and sometimes the figures published online relate to different time periods .
The HSE was also asked about the length of time that elapses between someone developing symptoms and being referred for testing ; however , it does not gather information on this .
Dr Kevin Kelleher told the committee that he estimated it was less than 24 hours @ @ @ @ @ @ @ .
The committee was told that 571 people are currently working in contact tracing , of whom 274 are new hires , with the remainder seconded from other parts of the HSE and the public service .
Dr Kelleher told the committee contact callers can get “ a fair degree of abuse ” on occasion , and he has witnessed tracers “ visibly wilting ” as a result .
He said the smartphone app is a “ tool ” used in contact tracing , and it becomes more important in arenas such as @ @ @ @ @ @ @ of Covid is later detected .
He said it was “ very effective ” but that it was part of a wider suite of tools to combat the spread of the virus .
A briefing paper also sent to the committee outlines how the first surge in positive tests occurred over the August bank holiday weekend .
This was managed through the HSE ’ s escalation plan , with contact tracing centres opened and a hiring campaign .
Then , in October , there was a rapid rise in cases .
Some staff @ @ @ @ @ @ @ , but this was limited due to the need for 40 per cent of contact tracing teams to be staffed by clinical professionals , who are not always available for tracing due to their frontline duties .
The number of questions being asked of people on the initial call to inform them of their diagnosis was also cut to speed up the process .

Dr Kevin Kelleher, assistant national director of the HSE said contact callers can get ‘a fair degree of abuse’ on occasion, and he has witnessed tracers ‘visibly wilting’ as a result.
The HSE has apologised to the almost 2,000 people who were asked to undertake their own contact tracing last week, due to a “significant increase” in demand which “challenged our systems”.
The HSE’s lead on testing, Niamh O’Beirne said the service “apologise(s) to the 1,971 people impacted this week,” and that they will all be contacted this week by the HSE to check if they have called their close contacts and advised them to be tested.
She said the decision to discontinue tracing by HSE staff for these individuals “was deemed the only viable option in order to deal with the most recent cases quickly and reset the system”.
The committee heard Covid “doesn’t follow any plan, it is unpredictable and continues to challenge us all individually and equally challenge our testing and tracing service”.
READ MORE
The test and trace system has undertaken 1.54 million tests with over 58,000 cases detected, while 258,230 contact tracing calls have been completed, she said.
Over 291,000 tests have been undertaken as part of the HSE’s serial testing programmes, which target particularly vulnerable cohorts where significant outbreaks of Covid have previously been detected - for example food processing plants, nursing homes and direct provision centres.
Speaking about the overall number of tests being undertaken in the State, Ms O'Beirne said Ireland is ranked second of 28 European countries with populations of over two million, behind Denmark.
She defended different elements of the State’s “turnaround time”, a vital metric which measures the time taken from the moment someone is referred for a test to when the HSE finishes calling close contacts to advise them to restrict their movements.
She said 95 per cent of people receive a swabbing appointment on the same or next day, and 95 per cent receive results in less than 48 hours. She said that this “compare very well against our European colleagues”.
“We meet all testing demand and are still working within our testing capacity,” she said. With many committee members focusing on the turnaround times, Ms O’Beirne said the average time to complete the process was now 2.8 days.
However, Social Democrats co-leader Róisín Shortall said this did not tally with published figures on the HSE website. She was told the HSE website would be updated with newer figures, and sometimes the figures published online relate to different time periods.
The HSE was also asked about the length of time that elapses between someone developing symptoms and being referred for testing; however, it does not gather information on this.
Dr Kevin Kelleher told the committee that he estimated it was less than 24 hours, and probably closer to 12 hours.
The committee was told that 571 people are currently working in contact tracing, of whom 274 are new hires, with the remainder seconded from other parts of the HSE and the public service.
Dr Kelleher told the committee contact callers can get “a fair degree of abuse” on occasion, and he has witnessed tracers “visibly wilting” as a result.
He said the smartphone app is a “tool” used in contact tracing, and it becomes more important in arenas such as schools or outdoor events when a case of Covid is later detected. He said it was “very effective” but that it was part of a wider suite of tools to combat the spread of the virus.
A briefing paper also sent to the committee outlines how the first surge in positive tests occurred over the August bank holiday weekend. This was managed through the HSE’s escalation plan, with contact tracing centres opened and a hiring campaign.
Then, in October, there was a rapid rise in cases. Some staff were deployed to deal with the rise, but this was limited due to the need for 40 per cent of contact tracing teams to be staffed by clinical professionals, who are not always available for tracing due to their frontline duties. The number of questions being asked of people on the initial call to inform them of their diagnosis was also cut to speed up the process.