theirishtimes--2020-11-04--Court clears way for disabled man to sue paediatrician and hospital operator

The Supreme Court has cleared the way for a profoundly disabled man to sue a consultant paediatrician and the operator of Dublin ’ s Mount Carmel Hospital over catastrophic injuries allegedly suffered in the circumstances of and/or immediate aftermath of his birth .
Andrew Mangan ( 25 ) , suing by his mother Lorraine , initially brought his personal injuries case in 2008 only against Dr Julian Dockeray , a consultant obstetrician and gynaecologist who performed a Caesarean section on Ms Mangan and was attending her when her son was born in 1995 at the hospital .
Dr Dockeray , @ @ @ @ @ @ @ Dr Brian Denham , a consultant paediatrician who provided Andrew with neo-natal care at the hospital , and the Congregation of the Little Company of Mary , trading as Mount Carmel Hospital , as third parties .
The company sold its interest in the hospital in 2006 and the hospital closed in 2014 .
An affidavit by a solicitor for Dr Dockeray grounding the joinder application contended Mr Mangan ’ s injuries were as a result of negligent care provided by Dr Denham in the post-natal period and/or due to lack of specialist @ @ @ @ @ @ @ .
Ms Mangan in 2016 successfully applied to the High Court to have Dr Denham and the company joined as co-defendants but the court later granted their applications to dismiss the claims against them over failure to disclose a reasonable cause of action .
On Wednesday , the five-judge Supreme Court allowed Ms Mangan ’ s appeal over the Court of Appeal ’ s upholding of the High Court decision .
Giving judgment , Mr Justice William McKechnie held the pleadings do not fail to disclose a cause of action against Dr Denham @ @ @ @ @ @ @ was not appropriate and not a just application of the High Court ’ s inherent jurisdiction to strike out the claim against the co-defendants , he held .
While the 25-year delay since the events complained of was “ stark ” , the defendants had not established it was inordinate and inexcusable or any specific prejudice as a result of it , he held .
The delay did not justify terminating the proceedings without a hearing on the merits .
The case , and any issues between the defendants , must now be @ @ @ @ @ @ @ , he stressed .
Earlier , the judge noted Ms Mangan was admitted to the hospital on December 28th , 1994 due to pre-rupture of the membranes , having been in and out of the hospital in weeks immediately preceding that , due to abnormal bleeding .
Her estimated delivery date was March 19th 1995 but her son was born at just over 30 weeks gestation on January 11th 1995 after she underwent an emergency Caesarean section performed by Dr Dockeray .
Immediately after birth , the newborn required suction and was transferred @ @ @ @ @ @ @ the management of Dr Denham , where he received ventilation between January 11th and 13th , 1995 and stayed there until discharged home on January 20th , 1995 .
He remained under Dr Denham ’ s care and the latter , when assessing him at six months , expressed concern about his vision , the judge said .
Any other developmental delay was thought to be as a result of premature birth .
He was diagnosed at nine months with cerebral palsy .
The judge outlined Andrew underwent spinal surgery in 2012 for @ @ @ @ @ @ @ and very limited speech .
His condition is considered lifelong and he has 24-hour nursing needs , provided by his family .
In granting the applications on behalf of Dr Denham and the hospital to strike out the claims against them , the High Court had said the plaintiff had made no allegations of negligence against them and relied instead on sworn averments by the solicitor for Dr Dockery .
In disputing that , it was argued on behalf of the plaintiff , pending discovery , he was entitled to rely on expert @ @ @ @ @ @ @ s solicitor in the joinder application .
Having analysed the evidence and correct approach to a strike out application , the judge said it had not been shown the plaintiff ’ s case against the co-defendants was bound to fail or the delay was such it must be dismissed .
He noted evidence that necessary medical records are available to all parties .
Addressing insurance issues , he further noted Dr Denham is a member of the Medical Protection Society and his interests are being covered by it .
The company ’ s @ @ @ @ @ @ @ quite unsatisfactory ” and , at its highest , suggested it has had no indemnity since 2006 for once-off cases .
That “ utterly surprising ” claim was not sufficient to merit the case being dismissed .
The company will have to clarify its position on insurance and assets so some certainty can be brought to bear on this important issue , he stressed .

The Supreme Court has cleared the way for a profoundly disabled man to sue a consultant paediatrician and the operator of Dublin’s Mount Carmel Hospital over catastrophic injuries allegedly suffered in the circumstances of and/or immediate aftermath of his birth.
Andrew Mangan (25), suing by his mother Lorraine, initially brought his personal injuries case in 2008 only against Dr Julian Dockeray, a consultant obstetrician and gynaecologist who performed a Caesarean section on Ms Mangan and was attending her when her son was born in 1995 at the hospital.
Dr Dockeray, now retired, later applied to join Dr Brian Denham, a consultant paediatrician who provided Andrew with neo-natal care at the hospital, and the Congregation of the Little Company of Mary, trading as Mount Carmel Hospital, as third parties. The company sold its interest in the hospital in 2006 and the hospital closed in 2014.
An affidavit by a solicitor for Dr Dockeray grounding the joinder application contended Mr Mangan’s injuries were as a result of negligent care provided by Dr Denham in the post-natal period and/or due to lack of specialist services in the hospital at the time.
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Ms Mangan in 2016 successfully applied to the High Court to have Dr Denham and the company joined as co-defendants but the court later granted their applications to dismiss the claims against them over failure to disclose a reasonable cause of action.
On Wednesday, the five-judge Supreme Court allowed Ms Mangan’s appeal over the Court of Appeal’s upholding of the High Court decision.
Giving judgment, Mr Justice William McKechnie held the pleadings do not fail to disclose a cause of action against Dr Denham and the company.
The dismissal order was not appropriate and not a just application of the High Court’s inherent jurisdiction to strike out the claim against the co-defendants, he held.
While the 25-year delay since the events complained of was “stark”, the defendants had not established it was inordinate and inexcusable or any specific prejudice as a result of it, he held. The delay did not justify terminating the proceedings without a hearing on the merits.
The case, and any issues between the defendants, must now be processed “with all due diligence”, he stressed.
Earlier, the judge noted Ms Mangan was admitted to the hospital on December 28th, 1994 due to pre-rupture of the membranes, having been in and out of the hospital in weeks immediately preceding that, due to abnormal bleeding.
Her estimated delivery date was March 19th 1995 but her son was born at just over 30 weeks gestation on January 11th 1995 after she underwent an emergency Caesarean section performed by Dr Dockeray. Immediately after birth, the newborn required suction and was transferred to the special care baby unit under the management of Dr Denham, where he received ventilation between January 11th and 13th, 1995 and stayed there until discharged home on January 20th, 1995.
He remained under Dr Denham’s care and the latter, when assessing him at six months, expressed concern about his vision, the judge said. Any other developmental delay was thought to be as a result of premature birth. He was diagnosed at nine months with cerebral palsy.
The judge outlined Andrew underwent spinal surgery in 2012 for severe scoliosis, has severe visual impairment and very limited speech. His condition is considered lifelong and he has 24-hour nursing needs, provided by his family.
In granting the applications on behalf of Dr Denham and the hospital to strike out the claims against them, the High Court had said the plaintiff had made no allegations of negligence against them and relied instead on sworn averments by the solicitor for Dr Dockery.
In disputing that, it was argued on behalf of the plaintiff, pending discovery, he was entitled to rely on expert evidence referred to by Dr Dockeray’s solicitor in the joinder application.
Having analysed the evidence and correct approach to a strike out application, the judge said it had not been shown the plaintiff’s case against the co-defendants was bound to fail or the delay was such it must be dismissed.
He noted evidence that necessary medical records are available to all parties.
Addressing insurance issues, he further noted Dr Denham is a member of the Medical Protection Society and his interests are being covered by it.
Mount Carmel’s evidence concerning its insurance situation was “quite unsatisfactory” and, at its highest, suggested it has had no indemnity since 2006 for once-off cases. That “utterly surprising” claim was not sufficient to merit the case being dismissed.
The company will have to clarify its position on insurance and assets so some certainty can be brought to bear on this important issue, he stressed.
*This article was amended on November 5th, 2020


theirishtimes--2020-11-04--Teachers’ case over accrued leave during maternity leave to be reconsidered

The High Court has ruled the Employment Appeals Tribunal ( EAT ) must reconsider a finding concerning accrued leave entitlements of nine teachers who had notified their schools of their pregnancies before leave entitlements changed .
The tribunal held last year the nine were not obliged to take leave accruing to them during their maternity leave during school closure periods rather than term time .
The Minister for Education claimed the EAT erred in law because there was no evidence to support the finding that the effect of a 2013 circular on maternity leave was to end any entitlement of @ @ @ @ @ @ @ accrued during maternity leave .
Ms Justice Niamh Hyland found the EAT had erred and sent the matter back for reconsideration by a newly constituted tribunal .
The nine teachers , from eight primary schools , objected to the change brought in by the 2013 circular saying it was introduced when all of them were already pregnant and had notified their schools of their pregnancy .
They argued their rights existing under a previous circular , in 2011 , that allowed such leave to be taken during term time , could not be @ @ @ @ @ @ @ was because they had an expectation their maternity leave for the extant pregnancies would be governed by the 2011 circular .
They brought a complaint to a Rights Commissioner who rejected it .
They successfully appealed to the EAT on the basis the new arrangement introduced by the 2013 circular constituted a breach of the Maternity Protection Act 1994 .
The Minister , who took over the proceedings from the eight school boards of management , appealed that decision to the High Court on a point of law .
The Minister said the @ @ @ @ @ @ @ was that all periods of school closure – summer , Christmas , Easter , mid-term and other one-day holidays – qualify as “ other leave ( including sick leave or annual leave ) to which the employee concerned is entitled ” for the purpose of the relevant part of the Act ( section 22.4 ) .
Ms Justice Hyland said three EU directives governing maternity leave , working time and equal treatment were found by the EU Court of Justice to mean a worker could take her annual leave during a period other @ @ @ @ @ @ @ , irrespective of when the collective agreement dictated leave should be taken .
The judge found the determination section of the EAT decision was “ very hard to decipher ” .
It was devoid of reasons to explain its conclusion that the 2013 circular is in breach of the Maternity Protection Act and of what is known as the EU Pregnancy Directive , she said .
There was no element in the EAT decision identifying “ even glancingly ” the requisite factual context of the dispute or the legal basis necessary to ground @ @ @ @ @ @ @ legitimate expectation argument .
If the EAT ’ s justification for finding the 2013 circular unlawful was because requiring accumulated leave to be taken during school closure days meant the Maternity Protection Act would inevitably be breached , she was satisfied this was an error of law .
The lack of reasons provided by the EAT , even bare reasons that simply communicated the gist of its decision , prevented her from potentially concluding there was indeed a lawful basis for its decision .
While the teachers argued the decision should be remitted @ @ @ @ @ @ @ the decision , the Minister had argued that it should be quashed and the original Rights Commissioner ’ s decision should stand .
The judge was satisfied that the matter should be sent back for reconsideration to the EAT , or whatever composition is in place because , since this case was taken , the EAT has been in wind-down .
The Labour Court has since become the single workplace body for appeals .

The High Court has ruled the Employment Appeals Tribunal (EAT) must reconsider a finding concerning accrued leave entitlements of nine teachers who had notified their schools of their pregnancies before leave entitlements changed.
The tribunal held last year the nine were not obliged to take leave accruing to them during their maternity leave during school closure periods rather than term time.
The Minister for Education claimed the EAT erred in law because there was no evidence to support the finding that the effect of a 2013 circular on maternity leave was to end any entitlement of teachers to time in lieu of holidays accrued during maternity leave.
Ms Justice Niamh Hyland found the EAT had erred and sent the matter back for reconsideration by a newly constituted tribunal.
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The nine teachers, from eight primary schools, objected to the change brought in by the 2013 circular saying it was introduced when all of them were already pregnant and had notified their schools of their pregnancy.
They argued their rights existing under a previous circular, in 2011, that allowed such leave to be taken during term time, could not be removed by the 2013 circular. This was because they had an expectation their maternity leave for the extant pregnancies would be governed by the 2011 circular.
They brought a complaint to a Rights Commissioner who rejected it. They successfully appealed to the EAT on the basis the new arrangement introduced by the 2013 circular constituted a breach of the Maternity Protection Act 1994.
The Minister, who took over the proceedings from the eight school boards of management, appealed that decision to the High Court on a point of law.
The Minister said the correct interpretation of the Maternity Protection Act was that all periods of school closure – summer, Christmas, Easter, mid-term and other one-day holidays – qualify as “other leave (including sick leave or annual leave) to which the employee concerned is entitled” for the purpose of the relevant part of the Act (section 22.4).
Ms Justice Hyland said three EU directives governing maternity leave, working time and equal treatment were found by the EU Court of Justice to mean a worker could take her annual leave during a period other than the period of her maternity leave, irrespective of when the collective agreement dictated leave should be taken.
The judge found the determination section of the EAT decision was “very hard to decipher”.
It was devoid of reasons to explain its conclusion that the 2013 circular is in breach of the Maternity Protection Act and of what is known as the EU Pregnancy Directive, she said.
There was no element in the EAT decision identifying “even glancingly” the requisite factual context of the dispute or the legal basis necessary to ground a conclusion on the basis of the legitimate expectation argument.
If the EAT’s justification for finding the 2013 circular unlawful was because requiring accumulated leave to be taken during school closure days meant the Maternity Protection Act would inevitably be breached, she was satisfied this was an error of law.
The lack of reasons provided by the EAT, even bare reasons that simply communicated the gist of its decision, prevented her from potentially concluding there was indeed a lawful basis for its decision.
While the teachers argued the decision should be remitted to the EAT if the court quashed the decision, the Minister had argued that it should be quashed and the original Rights Commissioner’s decision should stand.
The judge was satisfied that the matter should be sent back for reconsideration to the EAT, or whatever composition is in place because, since this case was taken, the EAT has been in wind-down. The Labour Court has since become the single workplace body for appeals.


theirishtimes--2020-11-04--Two men and a teenager face charges over €1m cannabis find

Two men and a 16-year-old boy appeared in Naas District Court on Wednesday after cannabis worth an alleged €1m was found at two Co Kildare locations on Tuesday .
Alan McCabe ( 33 ) , of Ballyshannon Road , Kilmore West , Dublin is alleged to have had cannabis in his possession for the purpose of sale or supply on November 3rd at Junction 12 on the M7 northbound .
Khac Quang Nguyen ( 23 ) , of no fixed abode , is being prosecuted for possession of cannabis for the purpose of sale or supply at Ballysax , Curragh @ @ @ @ @ @ @ , who can not be named for legal reasons , is facing the same charge .
Det Garda Ian Sheedy told of allegedly finding 10 kilograms of cannabis herb with an estimated value of €200,000 when he stopped Mr McCabe driving a van , as a result of an intelligence-led operation .
He said Mr McCabe was the sole occupant of the van .
He said a second person pulled in close by and both vehicles were driven in convoy to Ballysax and then back towards Junction 12 .
Some 1,000 cannabis plants @ @ @ @ @ @ @ were found in Ballysax , where two more arrests were made .
The court heard that Mr McCabe has no previous convictions .
However , Garda Sheedy objected to bail citing the seriousness of the charges .
Det Gda Donal Donoghue gave evidence of arresting Khac Quang Nguyen at Ballysax shortly after noon on Tuesday .
He said it would be alleged the defendant was working at the location “ assisting in growing the plants.
” He has been in Ireland since 2015 .
When the defendant was charged on Wednesday , he @ @ @ @ @ @ @ Hugh McInerney said when charged , the 16-year-old replied “ I didn ’ t know what plant it was ” and “ I didn ’ t know it was cannabis .
They forced me to grow that plant .
If I didn ’ t do it they would hit me.
” A Vietnamese interpreter addressed the court on behalf of the latter two defendants .
Sgt McInerney said he was satisfied the teenager is not registered in this country and he provided the name of a town and province in Vietnam as his @ @ @ @ @ @ @ the 16-year-old speaks no English and told gardai he had been snatched from his village in south Vietnam .
There is no record of the teen ’ s identity in Ireland , the court heard , and a peace commissioner was present in court as a responsible adult , on his behalf .
The court also heard that Interpol is conducting inquiries to establish his identity .
All three were remanded in custody for a week after Judge Desmond Zaidan said the objections to bail for Mr McCabe were sustainable in law and @ @ @ @ @ @

Two men and a 16-year-old boy appeared in Naas District Court on Wednesday after cannabis worth an alleged €1m was found at two Co Kildare locations on Tuesday.
Alan McCabe (33), of Ballyshannon Road, Kilmore West, Dublin is alleged to have had cannabis in his possession for the purpose of sale or supply on November 3rd at Junction 12 on the M7 northbound.
Khac Quang Nguyen (23), of no fixed abode, is being prosecuted for possession of cannabis for the purpose of sale or supply at Ballysax, Curragh, on November 3rd. A 16-year-old, who cannot be named for legal reasons, is facing the same charge.
Det Garda Ian Sheedy told of allegedly finding 10 kilograms of cannabis herb with an estimated value of €200,000 when he stopped Mr McCabe driving a van, as a result of an intelligence-led operation.
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He said Mr McCabe was the sole occupant of the van.
He said a second person pulled in close by and both vehicles were driven in convoy to Ballysax and then back towards Junction 12.
Some 1,000 cannabis plants with an alleged estimated value of €800,000 were found in Ballysax, where two more arrests were made.
The court heard that Mr McCabe has no previous convictions.
However, Garda Sheedy objected to bail citing the seriousness of the charges.
Det Gda Donal Donoghue gave evidence of arresting Khac Quang Nguyen at Ballysax shortly after noon on Tuesday.
He said it would be alleged the defendant was working at the location “assisting in growing the plants.” He has been in Ireland since 2015.
When the defendant was charged on Wednesday, he made no reply after caution.
Sgt Hugh McInerney said when charged, the 16-year-old replied “I didn’t know what plant it was” and “I didn’t know it was cannabis. They forced me to grow that plant. If I didn’t do it they would hit me.”
A Vietnamese interpreter addressed the court on behalf of the latter two defendants.
Sgt McInerney said he was satisfied the teenager is not registered in this country and he provided the name of a town and province in Vietnam as his original home.
Solicitor David Gibbons said the 16-year-old speaks no English and told gardai he had been snatched from his village in south Vietnam.
There is no record of the teen’s identity in Ireland, the court heard, and a peace commissioner was present in court as a responsible adult, on his behalf.
The court also heard that Interpol is conducting inquiries to establish his identity.
All three were remanded in custody for a week after Judge Desmond Zaidan said the objections to bail for Mr McCabe were sustainable in law and the allegations are very serious.


theirishtimes--2020-11-04--Crashes three times more frequent in Level 5 than spring lockdown

Car crashes on Ireland ’ s roads have increased threefold during the latest tightened coronavirus restrictions compared to the first lockdown in spring , according to analysis by AA Ireland .
The motoring organisation said traffic volumes were also at twice the level they were during the first “ stay at home ” lockdown in March .
During the first two weeks of the Government ’ s latest Level-5 restrictions , traffic on major routes countrywide dropped to 60-65 per cent of what they would be during a typical weekday in October , the analysis found .
This compares to @ @ @ @ @ @ @ cent of normal volumes during the first lockdown in March .
AA Ireland attributed the increase to schools remaining open and more industries , such as construction sites , being allowed to continue to operate during the current six-week restrictions .
It was further found that crashes reported by the motoring organisation trebled from 11 during the initial two weeks of the first lockdown to 37 over the past fortnight .
The figures are based on AA Ireland ’ s own reports of traffic disruption as a result of collisions .
Conor Faughnan @ @ @ @ @ @ @ the “ significant ” hike in crashes and other traffic incidents as “ a cause of concern ” .
“ Late October and the winter period is traditionally a dangerous period on our roads , but despite lower volumes during traditional commuting periods , incidents are still occurring at a worrying rate , ” he said .
“ For the year to date , 126 people have been killed on Irish roads – an increase of 10 on last year , despite the fact that we saw significant restrictions on travel between March @ @ @ @ @ @ @ Now that we are also dealing with reduced daylight and poor weather conditions , those who must travel must adapt their driving accordingly to prevent any further increases in incidents , crashes or fatalities .
”

M50 on the first day of Level-5 lockdown: “For the year to date, 126 people have been killed on Irish roads – an increase of 10 on last year, despite significant restrictions on travel between March and July.” Photograph: Crispin Rodwell
Car crashes on Ireland's roads have increased threefold during the latest tightened coronavirus restrictions compared to the first lockdown in spring, according to analysis by AA Ireland.
The motoring organisation said traffic volumes were also at twice the level they were during the first “stay at home” lockdown in March.
During the first two weeks of the Government’s latest Level-5 restrictions, traffic on major routes countrywide dropped to 60-65 per cent of what they would be during a typical weekday in October, the analysis found.
This compares to traffic levels as low as 35 per cent of normal volumes during the first lockdown in March.
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Six-week phase
AA Ireland attributed the increase to schools remaining open and more industries, such as construction sites, being allowed to continue to operate during the current six-week restrictions.
It was further found that crashes reported by the motoring organisation trebled from 11 during the initial two weeks of the first lockdown to 37 over the past fortnight.
The figures are based on AA Ireland’s own reports of traffic disruption as a result of collisions.
‘Cause of concern’
Conor Faughnan, spokesman for the organisation, described the "significant" hike in crashes and other traffic incidents as "a cause of concern".
“Late October and the winter period is traditionally a dangerous period on our roads, but despite lower volumes during traditional commuting periods, incidents are still occurring at a worrying rate,” he said.
“For the year to date, 126 people have been killed on Irish roads – an increase of 10 on last year, despite the fact that we saw significant restrictions on travel between March and July of this year.
“Now that we are also dealing with reduced daylight and poor weather conditions, those who must travel must adapt their driving accordingly to prevent any further increases in incidents, crashes or fatalities.”


theirishtimes--2020-11-04--Irish climate targets ‘fall well short’ of mark under Paris pact

If Ireland wants to comply fully with its Paris Agreement obligations it should be cutting its carbon emissions by more than 12 per cent a year , according to top climate scientist Prof Kevin Anderson .
The programme for government plans for a 7 per cent reduction on average per annum up to 2030 .
In a stark assessment of Ireland ’ s carbon mitigation plans to be legally enshrined in the Climate Action Bill , Prof Anderson said : “ To be Paris compliant Ireland needs to deliver real-zero CO2 by 2035-40 ” – in contrast of a national @ @ @ @ @ @ @ Similarly , it needed to immediately cut total agricultural methane and nitrous oxide emissions by at least 3 per cent year on year , he said .
In analysis , he had concluded Ireland had a total carbon budget left of 300 million tonnes of CO2 equivalent at best that it could legitimately emit .
This required an 80 per cent cut in emissions by 2030 – the current target is about 55 per cent .
The 300 million figure was a provisional assessment , Prof Anderson told the Oireachtas climate committee which @ @ @ @ @ @ @ amounted to just “ seven years of current CO2 emissions ” .
All told , international mitigation efforts if delivered would contain global temperature rise to 2 degrees , which is “ not safe ” , said Prof Anderson who is based at the University of Manchester .
“ My judgment is that holding to 2 degrees is now the best outcome that can be achieved.
” He added : “ Given the policy and socio-economic inertia in delivering such mitigation rates , and considering the cumulative nature of emissions , this suggests @ @ @ @ @ @ @ approaching an 80 per cent cut in Ireland ’ s energy-based emissions by 2030 , and complete decarbonisation of Ireland ’ s entire energy system – including aviation and shipping – by 2035-2040.
” The Paris Agreement was unjust , he said , as “ holding to a 2 degrees or 1.5-degree rise will still see a significant rise in climate-related deaths and suffering across those poorer communities living within climate-vulnerable parts of the world .
Those suffering will primarily be people of colour , and initially the burden will fall disproportionately on @ @ @ @ @ @ @ impacts wealthy high-emitting nations had chosen to impose upon poor and low-emitting communities “ by preferring rhetoric and unfounded optimism over genuine action to cut emissions ” .
In Ireland ’ s case , energy emissions had increased by 18 per cent since 1990 ; 20 per cent when aviation and shipping emissions are included .
While accepting decarbonisation is hugely challenging , Prof Anderson said “ Ireland should have started 30 years ago.
” “ The emissions of a typical Irish citizen were , in 2018 , over 50 per cent higher @ @ @ @ @ @ @ almost twice the global mean and over eight times that of the average African , ” he said .
Yet most Irish emissions came from a small number of people , who he described as “ a mobile elite ” ; wealthy people who drive a lot , who fly a lot , who eat a lot ” of exotic food and consume a lot more than the average person .
As a wealthy country and acknowledging the need for equity , Ireland ’ s “ national climate objective ” incorporated in the @ @ @ @ @ @ @ recourse to offsetting or other accountancy ruses ” .
National Economic and Social Council policy analyst Dr Jeanne Moore told the committee “ a just transition approach ” was essential to decarbonising Ireland .
Aligning just transition policies with decarbonisation measures is necessary to ensure emissions are radically reduced , “ but in a way that is fair , inclusive and equitable .
However , there is no blueprint or fixed set of rules to achieve this.
” Sharon Finegan , head of the Climate Action Unit in the Department of the Taoiseach @ @ @ @ @ @ @ legislative basis for placing climate action at the core of policymaking .
“ The carbon budget process will set ceilings .
.
.
on our total emissions , and meaningful plans will be put in place to ensure these limits are not breached .
”

International mitigation efforts if delivered would contain global temperature rise to 2 degrees, which is ‘not safe’, said Prof Kevin Anderson. File photograph: Getty
If Ireland wants to comply fully with its Paris Agreement obligations it should be cutting its carbon emissions by more than 12 per cent a year, according to top climate scientist Prof Kevin Anderson.
The programme for government plans for a 7 per cent reduction on average per annum up to 2030.
In a stark assessment of Ireland's carbon mitigation plans to be legally enshrined in the Climate Action Bill, Prof Anderson said: "To be Paris compliant Ireland needs to deliver real-zero CO2 by 2035-40" – in contrast of a national target of carbon neutrality by 2050.
Similarly, it needed to immediately cut total agricultural methane and nitrous oxide emissions by at least 3 per cent year on year, he said.
READ MORE
In analysis, he had concluded Ireland had a total carbon budget left of 300 million tonnes of CO2 equivalent at best that it could legitimately emit. This required an 80 per cent cut in emissions by 2030 – the current target is about 55 per cent.
The 300 million figure was a provisional assessment, Prof Anderson told the Oireachtas climate committee which is reviewing the Bill. But it amounted to just "seven years of current CO2 emissions".
All told, international mitigation efforts if delivered would contain global temperature rise to 2 degrees, which is “not safe”, said Prof Anderson who is based at the University of Manchester. “My judgment is that holding to 2 degrees is now the best outcome that can be achieved.”
He added: “Given the policy and socio-economic inertia in delivering such mitigation rates, and considering the cumulative nature of emissions, this suggests that to deliver on Paris requires something approaching an 80 per cent cut in Ireland’s energy-based emissions by 2030, and complete decarbonisation of Ireland’s entire energy system – including aviation and shipping – by 2035-2040.”
The Paris Agreement was unjust, he said, as “holding to a 2 degrees or 1.5-degree rise will still see a significant rise in climate-related deaths and suffering across those poorer communities living within climate-vulnerable parts of the world. Those suffering will primarily be people of colour, and initially the burden will fall disproportionately on women and children”.
These are impacts wealthy high-emitting nations had chosen to impose upon poor and low-emitting communities “by preferring rhetoric and unfounded optimism over genuine action to cut emissions”.
Thirty years late
In Ireland’s case, energy emissions had increased by 18 per cent since 1990; 20 per cent when aviation and shipping emissions are included. While accepting decarbonisation is hugely challenging, Prof Anderson said “Ireland should have started 30 years ago.”
“The emissions of a typical Irish citizen were, in 2018, over 50 per cent higher than those of their Chinese counterparts, almost twice the global mean and over eight times that of the average African,” he said.
Yet most Irish emissions came from a small number of people, who he described as “a mobile elite”; wealthy people who drive a lot, who fly a lot, who eat a lot” of exotic food and consume a lot more than the average person.
As a wealthy country and acknowledging the need for equity, Ireland’s “national climate objective” incorporated in the Bill must deliver emission reductions “without recourse to offsetting or other accountancy ruses”.
National Economic and Social Council policy analyst Dr Jeanne Moore told the committee "a just transition approach" was essential to decarbonising Ireland.
Aligning just transition policies with decarbonisation measures is necessary to ensure emissions are radically reduced, “but in a way that is fair, inclusive and equitable. However, there is no blueprint or fixed set of rules to achieve this.”
Sharon Finegan, head of the Climate Action Unit in the Department of the Taoiseach, said the Bill provided a strong legislative basis for placing climate action at the core of policymaking. "The carbon budget process will set ceilings . . . on our total emissions, and meaningful plans will be put in place to ensure these limits are not breached."


theirishtimes--2020-11-04--Environmental group takes High Court action over fishing quotas regulation

An environmental group has brought a High Court challenge over an EU regulation setting fishing quotas for 2020 .
Friends of the Irish Environment CLG ( FIE ) has brought the case arising from its fears fish stocks are under serious pressure from over fishing .
The case concerns the alleged failure by the Irish State to meet a legally defined deadline of ending overfishing of all stocks by 2020 .
FIE claims the main goal of the EU ’ s Common Fisheries Policy , which was reformed in 2013 , is to restore and maintain fish stocks above sustainable @ @ @ @ @ @ @ levels for all fish stocks were to be achieved by 2015 , where possible , or by 2020 at the latest .
Despite the aims of the policy , FIE claims the European Commission has set total allowable catches for national fleets , for a wide range of fish stocks , at unsustainable levels .
This will have “ profound negative consequences for the marine environment and the sustainability of European fishing activities ” , it argues .
The quantity of fish that can be caught by Irish fishing boats in 2020 , @ @ @ @ @ @ @ notices issued by the Minister for Agriculture earlier this year , are above the maximum sustainable yield , it claims .
It alleges the notices are invalid on grounds including they are not consistent with the proper management and conservation of the State ’ s fishing quota under the Common Fisheries Policy .
As a result , it has brought judicial review proceedings against the Minister for Agriculture Food and the Marine , Ireland and Attorney General .
Represented by James Devlin SC , with John Kenny BL , instructed by Fred Logue @ @ @ @ @ @ @ orders and declarations .
These include an order quashing the State ’ s decision to approve the quotas in a series of Fisheries Management Notices issued in April , May and June last .
In adopting these notices , the State respondents have breached the 2006 Sea Fisheries and Maritime Jurisdiction Act , it is claimed .
It also wants the High Court to refer issues in the case to the Court of Justice of the European Union for determination .
Permission to bring the challenge was granted , on an ex-parte basis @ @ @ @ @ @ @ Wednesday .
The judge returned the case to next month .

An environmental group has brought a High Court challenge over an EU regulation setting fishing quotas for 2020.
Friends of the Irish Environment CLG (FIE) has brought the case arising from its fears fish stocks are under serious pressure from over fishing.
The case concerns the alleged failure by the Irish State to meet a legally defined deadline of ending overfishing of all stocks by 2020.
FIE claims the main goal of the EU’s Common Fisheries Policy, which was reformed in 2013, is to restore and maintain fish stocks above sustainable levels. Under the policy, sustainable levels for all fish stocks were to be achieved by 2015, where possible, or by 2020 at the latest.
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Despite the aims of the policy, FIE claims the European Commission has set total allowable catches for national fleets, for a wide range of fish stocks, at unsustainable levels. This will have “profound negative consequences for the marine environment and the sustainability of European fishing activities”, it argues.
The quantity of fish that can be caught by Irish fishing boats in 2020, as set out in a series of notices issued by the Minister for Agriculture earlier this year, are above the maximum sustainable yield, it claims.
It alleges the notices are invalid on grounds including they are not consistent with the proper management and conservation of the State’s fishing quota under the Common Fisheries Policy.
As a result, it has brought judicial review proceedings against the Minister for Agriculture Food and the Marine, Ireland and Attorney General.
Represented by James Devlin SC, with John Kenny BL, instructed by Fred Logue solicitor, the group is seeking various orders and declarations. These include an order quashing the State’s decision to approve the quotas in a series of Fisheries Management Notices issued in April, May and June last. In adopting these notices, the State respondents have breached the 2006 Sea Fisheries and Maritime Jurisdiction Act, it is claimed.
It also wants the High Court to refer issues in the case to the Court of Justice of the European Union for determination. Permission to bring the challenge was granted, on an ex-parte basis, by Mr Justice Anthony Barr on Wednesday. The judge returned the case to next month.


theirishtimes--2020-11-04--UCD economics student held on money-laundering charges

A UCD economics student has been charged in connection with a €1.4 million money-laundering probe .
Cheng Yu ( 25 ) , was charged with four offences under the Criminal Justice ( Money Laundering and Terrorist Financing Act ) .
He is from China but has been living in Ireland for the past two years , and has an address at Roebuck Castle , Clonskeagh , Dublin 14 , He is accused of laundering sums totalling €137,090 , from September 11th until November 2nd this year in two Bank of Ireland accounts in Dublin .
Det Garda Tom Victory told @ @ @ @ @ @ @ that the these were sample charges in relation to the investigation into €1.4 million in lodgments .
Further charges could be brought , he told a contested bail hearing .
He said it was alleged documentation in a number of names was found at the accused ’ s address .
He told the court the accused was a flight risk .
Judge Smyth set bail in Mr Yu ’ s own bond of €500 with an independent surety of €12,000 .
He was remanded in custody with consent to bail to appear at @ @ @ @ @ @ @ Mr Yu has not yet indicated how he will plead .

A UCD economics student has been charged in connection with a €1.4 million money-laundering probe.
Cheng Yu (25), was charged with four offences under the Criminal Justice (Money Laundering and Terrorist Financing Act).
He is from China but has been living in Ireland for the past two years, and has an address at Roebuck Castle, Clonskeagh, Dublin 14,
He is accused of laundering sums totalling €137,090, from September 11th until November 2nd this year in two Bank of Ireland accounts in Dublin.
READ MORE
Det Garda Tom Victory told Judge Bryan Smyth at Dublin District Court that the these were sample charges in relation to the investigation into €1.4 million in lodgments.
Further charges could be brought, he told a contested bail hearing.
He said it was alleged documentation in a number of names was found at the accused’s address. He told the court the accused was a flight risk.
Judge Smyth set bail in Mr Yu’s own bond of €500 with an independent surety of €12,000.
He was remanded in custody with consent to bail to appear at Cloverhill District Court on November 11th.
Mr Yu has not yet indicated how he will plead.


theirishtimes--2020-11-04--College Green plaza to double in size under new plans

Plans to double the size of the proposed College Green plaza , extending the traffic-free zone to South Great George ’ s Street , will be published by Dublin City Council on Thursday .
Under the new plans , buses , cars and taxis will be banned from just west of the Luas line in front of Trinity College , for a distance of 350m along Dame Street to South Great George ’ s Street , with restrictions on deliveries in the area .
The previous plans for the cycle and pedestrian plaza , which were rejected by An Bord @ @ @ @ @ @ @ the plaza end close to Anglesea Street , the first turn into Temple Bar west of College Green .
A turning circle would have been in place at this point for buses to return down Dame Street .
However , the council ’ s head of traffic , Brendan O ’ Brien , said the National Transport Authority ’ s redesign of the bus network and the success of pedestrianisation trials during summer 2019 had led to the decision to extend the plaza .
In November 2018 the planning board rejected the council @ @ @ @ @ @ @ cycle plaza scheme due to concerns about the “ significantly negative impacts ” it would have on bus movements and on traffic , particularly on the city quays .
Six weeks ago the NTA , as part of the BusConnects project , published the Dublin bus network redesign , which is due to change bus routes throughout the city from next year .
While one core route , Spine A , which includes buses running from areas such as Drumcondra and Santry on the northside to Rathgar and Terenure , has been routed @ @ @ @ @ @ @ the NTA ’ s final designs , published in September , included an option to reroute this Spine to Nassau Street and St Stephen ’ s Green .
Mr O ’ Brien said this , along with the spread of buses on different alignments across the city , and two-way bus running on Winetavern Street and Westmoreland Street , had allowed the council to eliminate the need for the turning circle on Dame Street and to extend the plaza zone .
The plaza also no longer required the movement of “ any significant @ @ @ @ @ @ @ , he said .
For the purposes of public consultation , the council has defined the plaza as two areas : the “ core plaza ” from the Luas line to Anglesea Street , and the “ outer plaza ” to George ’ s Street .
Consultation will be held until January 15th on whether vehicular deliveries should be allowed in the outer plaza on a 24-hour basis or only until 11am .
No vehicles will be allowed in the core plaza .
City architect Ali Grehan stressed that the consultation was not @ @ @ @ @ @ @ Green plaza .
“ We want to start consulting with people to see which of the two options along Dame Street they would prefer .
This isn ’ t a consultation about College Green , it ’ s a consultation about Dame Street between South Great George ’ s Street and Anglesea Street.
” The council intends to submit a fresh application to An Bord Pleanála for the extended plaza next summer .

Plans to double the size of the proposed College Green plaza, extending the traffic-free zone to South Great George's Street, will be published by Dublin City Council on Thursday.
Under the new plans, buses, cars and taxis will be banned from just west of the Luas line in front of Trinity College, for a distance of 350m along Dame Street to South Great George's Street, with restrictions on deliveries in the area.
The previous plans for the cycle and pedestrian plaza, which were rejected by An Bord Pleanála in 2018, would have seen the plaza end close to Anglesea Street, the first turn into Temple Bar west of College Green. A turning circle would have been in place at this point for buses to return down Dame Street.
However, the council’s head of traffic, Brendan O’Brien, said the National Transport Authority’s redesign of the bus network and the success of pedestrianisation trials during summer 2019 had led to the decision to extend the plaza.
READ MORE
In November 2018 the planning board rejected the council’s plans for a pedestrian and cycle plaza scheme due to concerns about the “significantly negative impacts” it would have on bus movements and on traffic, particularly on the city quays .
BusConnects redesign
Six weeks ago the NTA, as part of the BusConnects project, published the Dublin bus network redesign, which is due to change bus routes throughout the city from next year.
While one core route, Spine A, which includes buses running from areas such as Drumcondra and Santry on the northside to Rathgar and Terenure, has been routed through College Green and Dame Street, the NTA's final designs, published in September, included an option to reroute this Spine to Nassau Street and St Stephen's Green.
Mr O'Brien said this, along with the spread of buses on different alignments across the city, and two-way bus running on Winetavern Street and Westmoreland Street, had allowed the council to eliminate the need for the turning circle on Dame Street and to extend the plaza zone. The plaza also no longer required the movement of "any significant number of buses to the quays", he said.
For the purposes of public consultation, the council has defined the plaza as two areas: the “core plaza” from the Luas line to Anglesea Street, and the “outer plaza” to George’s Street. Consultation will be held until January 15th on whether vehicular deliveries should be allowed in the outer plaza on a 24-hour basis or only until 11am. No vehicles will be allowed in the core plaza.
City architect Ali Grehan stressed that the consultation was not about the merits of having a College Green plaza.
“We want to start consulting with people to see which of the two options along Dame Street they would prefer. This isn’t a consultation about College Green, it’s a consultation about Dame Street between South Great George’s Street and Anglesea Street.”
The council intends to submit a fresh application to An Bord Pleanála for the extended plaza next summer.


theirishtimes--2020-11-04--Covid-19 figures bring good news, but we remain off target

The announcement that the reproduction number for Covid-19 has dropped below 1 is yet another piece of good news in relation to the State ’ s efforts to combat the second surge of the disease here .
You have to go back to early July for a time when this metric , also known as the “ R0 ” , was this low in the State .
An R0 of 1 means that each person with Covid-19 goes on to infect one other person .
A higher value for the R0 means the pandemic will spread as infected persons go @ @ @ @ @ @ @ value means the disease will eventually die out .
Estimates of the basic R0 of the virus vary , with studies indicating a value of more than 4 in the absence of preventative measures .
The basics of infection control – handwashing , distancing , masks – have helped keep the R0 below 1.8 here in recent months , but that still meant case numbers continued to increase .
As case numbers continued to multiply , the Government was forced to tighten restrictions to Level 5 last month .
Public health doctors here @ @ @ @ @ @ @ the different restrictions under the Government ’ s five-level framework .
They believe Level 2 measures failed to prevent the virus growing , while Level 3 worked outside Dublin in specific circumstances .
In Dublin , Level 3 worked for a few weeks , but then case numbers “ flatlined ” instead of falling , as Minister for Health Stephen Donnelly pointed out on Wednesday .
The enhanced Level 3 measures that were put in place , along with Level 4 in the Border counties , worked very well , he said , @ @ @ @ @ @ @ improvement in our figures .
The further effect of Level 5 measures won ’ t be known until next week , but the restrictions are likely to ensure case numbers fall further .
The question is whether the case numbers fall fast and far enough .
The R0 is now at 0.7-0.9 , Mr Donnelly has indicated , but this is well shy of the 0.5 public health officials aspired to for the entire six-week period of the current Level 5 restrictions .
Officials said six weeks of the R0 at 0.5 would @ @ @ @ @ @ @ under 100 by early December .
The question facing the Government at that stage will be whether to take the foot off the pedal , and thereby allow businesses to reopen in time for the crucial Christmas period , or to continue with restrictions that choke transmission of the virus further but also choke the economy .
And while valuable knowledge is being garnered about ways of fine-tuning restrictions , this is a difficult seesaw to balance without it tipping in one direction or the other .

Estimates of the basic R0 of Covid-19 vary, with studies indicating a value of more than 4 in the absence of preventative measures.
The announcement that the reproduction number for Covid-19 has dropped below 1 is yet another piece of good news in relation to the State’s efforts to combat the second surge of the disease here.
You have to go back to early July for a time when this metric, also known as the “R0”, was this low in the State.
An R0 of 1 means that each person with Covid-19 goes on to infect one other person. A higher value for the R0 means the pandemic will spread as infected persons go on to infect others; a lower value means the disease will eventually die out.
Estimates of the basic R0 of the virus vary, with studies indicating a value of more than 4 in the absence of preventative measures.
READ MORE
The basics of infection control – handwashing, distancing, masks – have helped keep the R0 below 1.8 here in recent months, but that still meant case numbers continued to increase. As case numbers continued to multiply, the Government was forced to tighten restrictions to Level 5 last month.
Public health doctors here are learning fast about the efficacy of the different restrictions under the Government's five-level framework. They believe Level 2 measures failed to prevent the virus growing, while Level 3 worked outside Dublin in specific circumstances. In Dublin, Level 3 worked for a few weeks, but then case numbers "flatlined" instead of falling, as Minister for Health Stephen Donnelly pointed out on Wednesday.
The enhanced Level 3 measures that were put in place, along with Level 4 in the Border counties, worked very well, he said, and are largely to credit for the improvement in our figures.
The further effect of Level 5 measures won’t be known until next week, but the restrictions are likely to ensure case numbers fall further.
Falling short
The question is whether the case numbers fall fast and far enough. The R0 is now at 0.7-0.9, Mr Donnelly has indicated, but this is well shy of the 0.5 public health officials aspired to for the entire six-week period of the current Level 5 restrictions.
Officials said six weeks of the R0 at 0.5 would see daily case numbers driven down to under 100 by early December.
The question facing the Government at that stage will be whether to take the foot off the pedal, and thereby allow businesses to reopen in time for the crucial Christmas period, or to continue with restrictions that choke transmission of the virus further but also choke the economy.
And while valuable knowledge is being garnered about ways of fine-tuning restrictions, this is a difficult seesaw to balance without it tipping in one direction or the other.


theirishtimes--2020-11-06--Almost 150,000 fewer people attended cancer screening services in first half of year

Almost 150,000 fewer people have attended Ireland ’ s main cancer screening services in the first half of the year due to a reduction in non-Covid related care , the Irish Hospital Consultants Association ( ICHA ) has claimed .
It has raised several areas of concern , not all related to the pandemic , regarding a lack of sufficient care for oncology patients and historic underinvestment in essential services .
Professor John Crown , consultant oncologist at St Vincent ’ s University Hospital Dublin , warned that the system is now “ at risk of being in real trouble @ @ @ @ @ @ @ to consultant appointments , scans and equipment required to monitor cancer treatment .
“ The last thing patients need to hear is that we ’ d like to get you this scan , but we can ’ t do it for a month , ” Prof Crown said in a video released on Friday as part of the IHCA ’ s campaign # CareCantWait .
The Association says 12,400 more people are currently awaiting an inpatient or day case gastrointestinal endoscopy since last year .
Of the more than 2,400 people on the @ @ @ @ @ @ @ , almost a quarter of have been waiting more than three months .
In order to tackle the problem , the IHCA is calling for the recruitment of 73 more consultant oncologists over the next eight years .
“ There is a lot of apprehension as to what it will be like to be a patient or a healthcare worker in the hospital system in Ireland over the next six months , ” Prof Crown said .
He explained that much of the problem relates to the length of waiting lists , citing @ @ @ @ @ @ @ a waiting time in excess of three years to see a pain specialist .
“ And this is considered remotely normal , ” he said .
The IHCA campaign focuses on cancer treatment .
It looked at the new data on cancer screening programmes which have been affected by Covid-19 and its impact on health services .
Between BowelScreen , CervicalCheck and BreastCheck , it said , more than 248,000 people were screened between January and June last year compared with just over 99,000 in the first six months of this year .
@ @ @ @ @ @ @ pandemic took hold , according to HSE data , by the end of 2019 services were missing targets for cancer referrals and admissions .
It said last year ’ s target standard for new patients attending rapid access breast , lung and prostate cancer clinics within a recommended timeframe was 95 per cent but that just under 72 per cent of patients met that target .
In similar shortfalls , it said early attendance at Symptomatic Breast Disease Clinics for urgent breast cancer patients and Rapid Access Clinics for prostate cancer patients were @ @ @ @ @ @ @ target .
Early attendance at Rapid Access Clinics for lung cancer was 9 per cent below target , and access to radiotherapy within 15 working days was 6 per cent below , it said .
Prof Crown said a “ lack of resilience and insufficient resourcing ” in oncology will lead to severe challenges in the reopening of cancer services .
The HSE could not immediately respond to the points raised by the IHCA .

Prof John Crown, consultant oncologist at St Vincent’s University Hospital Dublin, said: ‘The last thing patients need to hear is that we’d like to get you this scan, but we can’t do it for a month.’ File photograph: Brenda Fitzsimons
Almost 150,000 fewer people have attended Ireland’s main cancer screening services in the first half of the year due to a reduction in non-Covid related care, the Irish Hospital Consultants Association (ICHA) has claimed.
It has raised several areas of concern, not all related to the pandemic, regarding a lack of sufficient care for oncology patients and historic underinvestment in essential services.
Professor John Crown, consultant oncologist at St Vincent's University Hospital Dublin, warned that the system is now "at risk of being in real trouble" due to shortfalls in timely access to consultant appointments, scans and equipment required to monitor cancer treatment.
“The last thing patients need to hear is that we’d like to get you this scan, but we can’t do it for a month,” Prof Crown said in a video released on Friday as part of the IHCA’s campaign #CareCantWait.
READ MORE
The Association says 12,400 more people are currently awaiting an inpatient or day case gastrointestinal endoscopy since last year. Of the more than 2,400 people on the urgent cancer wait list for endoscopy services, almost a quarter of have been waiting more than three months.
In order to tackle the problem, the IHCA is calling for the recruitment of 73 more consultant oncologists over the next eight years.
"There is a lot of apprehension as to what it will be like to be a patient or a healthcare worker in the hospital system in Ireland over the next six months," Prof Crown said.
He explained that much of the problem relates to the length of waiting lists, citing one case of a female patient facing a waiting time in excess of three years to see a pain specialist.
“And this is considered remotely normal,” he said.
The IHCA campaign focuses on cancer treatment. It looked at the new data on cancer screening programmes which have been affected by Covid-19 and its impact on health services. Between BowelScreen, CervicalCheck and BreastCheck, it said, more than 248,000 people were screened between January and June last year compared with just over 99,000 in the first six months of this year.
But it noted that even before the pandemic took hold, according to HSE data, by the end of 2019 services were missing targets for cancer referrals and admissions.
It said last year’s target standard for new patients attending rapid access breast, lung and prostate cancer clinics within a recommended timeframe was 95 per cent but that just under 72 per cent of patients met that target.
In similar shortfalls, it said early attendance at Symptomatic Breast Disease Clinics for urgent breast cancer patients and Rapid Access Clinics for prostate cancer patients were both 26 per cent below the 2019 target.
Early attendance at Rapid Access Clinics for lung cancer was 9 per cent below target, and access to radiotherapy within 15 working days was 6 per cent below, it said.
Prof Crown said a “lack of resilience and insufficient resourcing” in oncology will lead to severe challenges in the reopening of cancer services.
The HSE could not immediately respond to the points raised by the IHCA.


theirishtimes--2020-11-06--UN to examine whether Irish tax policy harms rights of children overseas

The United Nations is to examine whether Irish policies contribute to tax abuse by companies that harms children ’ s rights in other countries .
Campaigners welcomed the move , arguing that “ morally indefensible ” Irish laws enable profits to be shifted from the developing world , damaging children ’ s rights .
It is the first time tax has been included in a review of Ireland ’ s compliance with the UN Convention on the Rights of the Child ( UNCRC ) .
The treaty obliges Ireland to avoid policies that undermine the human rights of children at @ @ @ @ @ @ @ head of policy and advocacy at Christian Aid Ireland , said that while Irish tax incentives attract investment , “ they ’ re not without consequence .
Ireland ’ s aggressive tax policies allow tax avoidance , and it ’ s often developing countries that suffer most ” .
The matter was included by the UN ’ s Committee on the Rights of the Child among issues it wants to explore with the State as part of its reporting cycle .
Ireland has been asked to outline measures which “ ensure that tax @ @ @ @ @ @ @ by companies operating in other countries , leading to a negative impact on the availability of resources for the realisation of children ’ s rights in those countries ” .
The UN made the move after a submission from a group of Non-Governmental Organisations ( NGOs ) , including Christian Aid Ireland , the Global Legal Action Network ( Glan ) , Oxfam Ireland , ActionAid Ireland and the Tax Justice Network .
The submission argued that aspects of Irish tax policy allow large multinational companies to move profits from developing countries to @ @ @ @ @ @ @ generated in Ghana , for example , is moved to Ireland , leaving the African nation with less money to spend on services for children .
“ This has a real impact on children ’ s rights and is morally indefensible , ” he said .
The NGOs claim profit from sales made outside of Ireland can be recorded by an Irish company as though it took place here , depriving other countries of tax revenue .
They argue that Irish tax reliefs on intellectual property are encouraging Irish-based multinationals to shift profits @ @ @ @ @ @ @ .
Glan director Dr Gearóid Ó Cuinn said : “ This will be the first time the UNCRC examines the effect of a country ’ s tax policies on the rights of children living overseas .
The fact that it is starting with Ireland is testament to the leading role Ireland plays in shifting corporate profits from developing countries.
” Several other issues were included for review after a submission by the Irish Human Rights and Equality Commission , including how the response to Covid-19 has impacted on the rights of children .
@ @ @ @ @ @ @ on children from the pandemic has played out in housing , education and health and other areas “ hidden from sight , but [ which ] will have real and lasting effect on their lives .
It is essential we do everything possible now to identify and mitigate these impacts.
” The UN will also examine information on the impact of school admissions legislation , educational issues such as reduced timetabling relating to Traveller and disabled children , and the increased provision of social housing to reduce homelessness .
The commission also asked @ @ @ @ @ @ @ made , and the rights of those in Direct Provision be examined .
A Department of Finance spokesman said it “ notes the content of the report ” .
“ Ireland has been consistent in supporting reform of the international tax framework in line with the process under way at the OECD [ Organisation for Economic Co-operation and Development ] through the Beps [ Base erosion and profit shifting ] framework and will continue in that context .
”

Christian Aid Ireland says that profit generated in Ghana, for example, is moved to Ireland, leaving the African nation with less money to spend on services for children. File photograph: Getty
The United Nations is to examine whether Irish policies contribute to tax abuse by companies that harms children's rights in other countries.
Campaigners welcomed the move, arguing that “morally indefensible” Irish laws enable profits to be shifted from the developing world, damaging children’s rights.
It is the first time tax has been included in a review of Ireland's compliance with the UN Convention on the Rights of the Child (UNCRC). The treaty obliges Ireland to avoid policies that undermine the human rights of children at home or abroad.
Sorley McCaughey, head of policy and advocacy at Christian Aid Ireland, said that while Irish tax incentives attract investment, "they're not without consequence. Ireland's aggressive tax policies allow tax avoidance, and it's often developing countries that suffer most".
READ MORE
The matter was included by the UN’s Committee on the Rights of the Child among issues it wants to explore with the State as part of its reporting cycle. Ireland has been asked to outline measures which “ensure that tax policies do not contribute to tax abuse by companies operating in other countries, leading to a negative impact on the availability of resources for the realisation of children’s rights in those countries”.
The UN made the move after a submission from a group of Non-Governmental Organisations (NGOs), including Christian Aid Ireland, the Global Legal Action Network (Glan), Oxfam Ireland, ActionAid Ireland and the Tax Justice Network.
The submission argued that aspects of Irish tax policy allow large multinational companies to move profits from developing countries to Ireland.
Mr McCaughey said that profit generated in Ghana, for example, is moved to Ireland, leaving the African nation with less money to spend on services for children. "This has a real impact on children's rights and is morally indefensible," he said.
The NGOs claim profit from sales made outside of Ireland can be recorded by an Irish company as though it took place here, depriving other countries of tax revenue. They argue that Irish tax reliefs on intellectual property are encouraging Irish-based multinationals to shift profits originating in Africa and Latin America here.
Glan director Dr Gearóid Ó Cuinn said: "This will be the first time the UNCRC examines the effect of a country's tax policies on the rights of children living overseas. The fact that it is starting with Ireland is testament to the leading role Ireland plays in shifting corporate profits from developing countries."
Several other issues were included for review after a submission by the Irish Human Rights and Equality Commission, including how the response to Covid-19 has impacted on the rights of children.
‘Hidden from sight’
Chief commissioner Sinéad Gibney said the impact on children from the pandemic has played out in housing, education and health and other areas “hidden from sight, but [which] will have real and lasting effect on their lives. It is essential we do everything possible now to identify and mitigate these impacts.”
The UN will also examine information on the impact of school admissions legislation, educational issues such as reduced timetabling relating to Traveller and disabled children, and the increased provision of social housing to reduce homelessness. The commission also asked that legal provision for stateless children be made, and the rights of those in Direct Provision be examined.
A Department of Finance spokesman said it "notes the content of the report".
“Ireland has been consistent in supporting reform of the international tax framework in line with the process under way at the OECD [Organisation for Economic Co-operation and Development] through the Beps [Base erosion and profit shifting] framework and will continue in that context.”


theirishtimes--2020-11-06--Almost 10,000 health workers have now contracted Covid-19, says union

The number of health service personnel who have contracted Covid-19 is now nearly 10,000 , the country ’ s largest public service trade union has said .
Fórsa said it wanted the various trade unions representing staff in the health sector to “ increase pressure on the HSE to take action ” .
The union said it believed the number of cases among health personnel – which it said was amongst the highest in Europe – was “ largely down to a ‘ derogation ’ policy , which gives local management authority to require staff to return to work quickly @ @ @ @ @ @ @ including close contacts with known clusters ” .
“ Local managers are derogating significant numbers of staff to return to work because of pressures on the health service and health service staffing , and this means health workers who are in close contact with the virus are frequently not subject to the same infection control measures as others.
” Fórsa said the HSE had “ insufficient national governance on the practice , and little insight into its impact on healthcare workers ’ or patients ’ health ” .
In a bulletin to members @ @ @ @ @ @ @ early October , the HSE admitted to unions that it holds no national records of derogations .
As a result , there are no reliable statistics on the numbers granted , where they are in place , or links between derogations and the spread of the virus among staff and others.
” The union ’ s head of health Éamonn Donnelly said the HSE ’ s approach to the problem was “ casual ” , against a background of almost 10,000 infections , which had likely led to further spread among the close @ @ @ @ @ @ @ affected .
“ Overall the HSE has done an excellent job in response to the pandemic , and its staff have shown great courage and commitment .
It ’ s understandable that an imperfect policy was put in place at the height of the early emergency , when we knew little about the virus and the health service was struggling to put urgent responses in place .
But the approach now needs to be reviewed and amended as a matter of urgency.
” The HSE told the Oireachtas Special Committee on Covid-19 Response @ @ @ @ @ @ @ beginning of the pandemic “ it was evident that there was a requirement for close contacts to be derogated back to work if they were deemed essential for services , under twice-daily active monitoring ” .
It said guidelines were developed and issued in early March and that these had evolved subsequently .
The HSE said that “ as derogations were issued locally and were a line management responsibility , there was currently no central oversight of the overall number of staff who were derogated ” .

Fórsa’s head of health Éamonn Donnelly said the HSE’s approach to the problem was ‘casual’. Photograph: Dara Mac Dónaill
The number of health service personnel who have contracted Covid-19 is now nearly 10,000, the country’s largest public service trade union has said.
Fórsa said it wanted the various trade unions representing staff in the health sector to "increase pressure on the HSE to take action".
The union said it believed the number of cases among health personnel – which it said was amongst the highest in Europe – was "largely down to a 'derogation' policy, which gives local management authority to require staff to return to work quickly after unprotected close contacts at work, including close contacts with known clusters".
Hospital Report
“Local managers are derogating significant numbers of staff to return to work because of pressures on the health service and health service staffing, and this means health workers who are in close contact with the virus are frequently not subject to the same infection control measures as others.”
READ MORE
Fórsa said the HSE had “insufficient national governance on the practice, and little insight into its impact on healthcare workers’ or patients’ health”.
Statistics
In a bulletin to members on Thursday it said: “In early October, the HSE admitted to unions that it holds no national records of derogations. As a result, there are no reliable statistics on the numbers granted, where they are in place, or links between derogations and the spread of the virus among staff and others.”
The union’s head of health Éamonn Donnelly said the HSE’s approach to the problem was “casual”, against a background of almost 10,000 infections, which had likely led to further spread among the close contacts of at least some of those affected.
“Overall the HSE has done an excellent job in response to the pandemic, and its staff have shown great courage and commitment. It’s understandable that an imperfect policy was put in place at the height of the early emergency, when we knew little about the virus and the health service was struggling to put urgent responses in place. But the approach now needs to be reviewed and amended as a matter of urgency.”
Essential
The HSE told the Oireachtas Special Committee on Covid-19 Response during the summer that at the very beginning of the pandemic "it was evident that there was a requirement for close contacts to be derogated back to work if they were deemed essential for services, under twice-daily active monitoring".
It said guidelines were developed and issued in early March and that these had evolved subsequently.
The HSE said that “as derogations were issued locally and were a line management responsibility, there was currently no central oversight of the overall number of staff who were derogated”.


theirishtimes--2020-11-06--Military officers raise concerns over potential use of UK-based aircraft for rescue missions

Some of Ireland ’ s search and rescue ( SAR ) functions may be carried out by aircraft based in the UK , raising concerns among senior Irish military officers .
Private companies will shortly be asked to tender for a €60-million-a-year contract to provide a new SAR service to replace the current service provided by the Irish Coast Guard , CHC Ireland and the Air Corps .
The winning bidder will likely be required to base four SAR helicopters at Irish bases .
It will also be required to provide a fixed-wing aircraft or drone to provide top cover @ @ @ @ @ @ @ a 24-hour basis .
The technical specifications for the contract have yet to be finalised but , according to sources familiar with internal discussions , serious consideration is being given to allowing the winning bidder to base their fixed-wing aircraft in the UK as a cost-saving measure .
Currently the Irish Air Corps provides top cover in many SAR missions , using its CASA maritime patrol aircraft , an arrangement which will come to an end when under the new contract .
Several senior military officers have raised concerns about the proposed new @ @ @ @ @ @ @ of view .
About six private aircraft companies are expected to bid for the contract , of which at least two have fixed-wing aircraft based in the UK .
At least one of these is also contracted to do clandestine work for the UK ’ s ministry of defence .
Irish officers are concerned about the intelligence implications of allowing UK-based aircraft to collect data over Ireland as they provide top cover for rescue missions .
“ The main worry is control of the data .
It ’ s not that we wouldn @ @ @ @ @ @ @ the UK if they asked for it .
But if the planes are flying out of an English airfield we have zero control over it , ” a military source said .
A presentation for potential bidders for the SAR contract last August made no mention of a requirement for fixed-wing aircraft to be Irish-based .
It described an “ outcome-based ” approach which allows bidders to “ exploit all available technologies to deliver optimal solutions and avoids over-prescribing inputs or outputs which could inhibit innovation or drive up costs unintentionally ” .
@ @ @ @ @ @ @ officers , including its commanding officer Brig Gen Rory O ’ Connor , have also raised concerns about the future viability of the Air Corps if it is entirely excluded from SAR operations .
“ [ Brig Gen O ’ Connor ] has gone to general staff and said the provision of fixed-wing services either privately or by another State body is a huge concern for them , ” said one source .
“ Providing top cover is one of the Air Corps ’ key functions .
It ’ s seen as the @ @ @ @ @ @ @ is farmed out elsewhere , ” said one source .
The Defence Forces declined to comment on the matter this week .
The Department of Transport , which , along with the Irish Coast Guard , is overseeing the procurement process , said the technical specifications of the tender are still under development and that no decision has been made in relation to fixed-wing aircraft .
“ The specs will have to go through the public spending code and Government approval process .
We won ’ t be able to announce/confirm anything until @ @ @ @ @ @ @ added .

Currently the Irish Air Corps provides top cover in many SAR missions, using its CASA maritime patrol aircraft. Photograph: Nick Bradshaw
Some of Ireland’s search and rescue (SAR) functions may be carried out by aircraft based in the UK, raising concerns among senior Irish military officers.
Private companies will shortly be asked to tender for a €60-million-a-year contract to provide a new SAR service to replace the current service provided by the Irish Coast Guard, CHC Ireland and the Air Corps.
The winning bidder will likely be required to base four SAR helicopters at Irish bases. It will also be required to provide a fixed-wing aircraft or drone to provide top cover for rescue missions and be available on a 24-hour basis.
The technical specifications for the contract have yet to be finalised but, according to sources familiar with internal discussions, serious consideration is being given to allowing the winning bidder to base their fixed-wing aircraft in the UK as a cost-saving measure.
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Currently the Irish Air Corps provides top cover in many SAR missions, using its CASA maritime patrol aircraft, an arrangement which will come to an end when under the new contract.
Several senior military officers have raised concerns about the proposed new arrangements, including from an intelligence point of view.
Clandestine
About six private aircraft companies are expected to bid for the contract, of which at least two have fixed-wing aircraft based in the UK. At least one of these is also contracted to do clandestine work for the UK’s ministry of defence.
Irish officers are concerned about the intelligence implications of allowing UK-based aircraft to collect data over Ireland as they provide top cover for rescue missions.
“The main worry is control of the data. It’s not that we wouldn’t necessarily give this data to the UK if they asked for it. But if the planes are flying out of an English airfield we have zero control over it,” a military source said.
A presentation for potential bidders for the SAR contract last August made no mention of a requirement for fixed-wing aircraft to be Irish-based.
It described an “outcome-based” approach which allows bidders to “exploit all available technologies to deliver optimal solutions and avoids over-prescribing inputs or outputs which could inhibit innovation or drive up costs unintentionally”.
Viability
According to informed sources, Air Corps officers, including its commanding officer Brig Gen Rory O’Connor, have also raised concerns about the future viability of the Air Corps if it is entirely excluded from SAR operations.
“[Brig Gen O’Connor] has gone to general staff and said the provision of fixed-wing services either privately or by another State body is a huge concern for them,” said one source.
“Providing top cover is one of the Air Corps’ key functions. It’s seen as the thin end of the wedge if this is farmed out elsewhere,” said one source.
The Defence Forces declined to comment on the matter this week. The Department of Transport, which, along with the Irish Coast Guard, is overseeing the procurement process, said the technical specifications of the tender are still under development and that no decision has been made in relation to fixed-wing aircraft.
“The specs will have to go through the public spending code and Government approval process. We won’t be able to announce/confirm anything until that is done,” a spokeswoman added.


theirishtimes--2020-11-06--Hospice group urges ‘balanced debate’ on dying with dignity Bill

The debate around legislation to allow people with terminal illnesses decide the timing of their death must be “ robust and balanced ” , the Irish Hospice Foundation has said .
Last month the Dáil voted to pass the Dying with Dignity Bill to committee stage by 81 to 71 votes .
The Bill , brought forward by People Before Profit TD Gino Kenny , would allow those with a progressive terminal illness to avail of assistance to end their lives under controlled and monitored circumstances .
On Friday the foundation said there needed to be “ a considered forum @ @ @ @ @ @ @ .
The organisation advocates for better end-of-life care and support and runs a national bereavement support phone line .
Foundation chief executive Sharon Foley said the organisation had written to the Oireachtas justice committee , who will consider the Bill before it returns to the Dáil .
Ms Foley said the organisation had urged the committee “ to seek out the diverse range of voices , relevant case studies and international research available ” on the issue .
“ Other countries such as New Zealand and Canada invested in a very thorough consultation @ @ @ @ @ @ @ assisted dying , ” she said .
Ireland could learn from how those two countries handled the matter .
“ We need to ensure the debate is open , non-exclusionary , and further , that the committee is a safe and effective space , for a wide range of views to be heard on such a complex and difficult piece of legislation.
” Under the Bill a person would have to have their progressive terminal illness verified by two doctors , to be able to avail of assistance to end their lives , @ @ @ @ @ @ @ sentence .
Cervical cancer campaigner Vicky Phelan , who has a terminal cancer diagnosis , has backed the legislation .
The three Government parties were allowed a free vote on the legislation .
A motion by Minister for Justice Helen McEntee to establish a special Oireachtas committee to consider the issue and report back in 12 months ’ time was defeated .
The hospice foundation said the Bill was a “ seismic shift ” in policy and the impact of the legislation “ on all areas of society can not be underestimated ” @ @ @ @ @ @ @ more investment in palliative and home care was “ long overdue.
” Better end of life and bereavement care for people at this “ very vulnerable stage ” would help address people ’ s fears and concerns , she said .

The Irish Hospice Foundation said there needs to be ‘a considered forum to thoroughly examine the proposed legislation’ on assisted dying. File photograph: Getty
The debate around legislation to allow people with terminal illnesses decide the timing of their death must be "robust and balanced", the Irish Hospice Foundation has said.
Last month the Dáil voted to pass the Dying with Dignity Bill to committee stage by 81 to 71 votes.
The Bill, brought forward by People Before Profit TD Gino Kenny, would allow those with a progressive terminal illness to avail of assistance to end their lives under controlled and monitored circumstances.
On Friday the foundation said there needed to be “a considered forum to thoroughly examine the proposed legislation”.
READ MORE
The organisation advocates for better end-of-life care and support and runs a national bereavement support phone line.
Foundation chief executive Sharon Foley said the organisation had written to the Oireachtas justice committee, who will consider the Bill before it returns to the Dáil.
Ms Foley said the organisation had urged the committee “to seek out the diverse range of voices, relevant case studies and international research available” on the issue.
“Other countries such as New Zealand and Canada invested in a very thorough consultation and debate process before introducing legislation on assisted dying,” she said. Ireland could learn from how those two countries handled the matter.
“We need to ensure the debate is open, non-exclusionary, and further, that the committee is a safe and effective space, for a wide range of views to be heard on such a complex and difficult piece of legislation.”
A free vote
Under the Bill a person would have to have their progressive terminal illness verified by two doctors, to be able to avail of assistance to end their lives, an act that carries a 14-year prison sentence. Cervical cancer campaigner Vicky Phelan, who has a terminal cancer diagnosis, has backed the legislation.
The three Government parties were allowed a free vote on the legislation. A motion by Minister for Justice Helen McEntee to establish a special Oireachtas committee to consider the issue and report back in 12 months’ time was defeated.
The hospice foundation said the Bill was a “seismic shift” in policy and the impact of the legislation “on all areas of society cannot be underestimated”.
Ms Foley said the need for more investment in palliative and home care was “long overdue.” Better end of life and bereavement care for people at this “very vulnerable stage” would help address people’s fears and concerns, she said.


theirishtimes--2020-11-06--Third of doctors have received abuse during pandemic – survey

One in three doctors have experienced verbal or physical abuse during Covid-19 , a survey has found .
Over a third of the 361 doctors in Ireland who responded to the survey by the Medical Protection Society ( MPS ) said they have suffered abuse from patients or patients ’ relatives in recent months .
A further seven per cent said they experienced verbal or physical abuse from a member of the public outside of a medical setting , with some saying they have been shouted at in the street .
Two in five doctors say their mental wellbeing is @ @ @ @ @ @ @ pandemic .
The survey was conducted by the MPS between September 17th-30th following concerns from some of its members , it said .
It described the results as “ deplorable ” and said the abuse presents “ yet another source of anxiety for doctors at the worst possible time ” .
Anonymous comments from those participating in the survey included : “ I ’ ve been assaulted a number of times in the Covid-19 emergency department ” , “ Patients are demanding to be seen .
Some refusing to wear masks or social @ @ @ @ @ @ @ Another said , “ I experienced aggression from relatives of a cancer patient whose cancer surgery has been cancelled for the second time due to Covid-19 related bed shortages.
” Dr Pallavi Bradshaw , medicolegal lead of risk prevention at MPS , said for most doctors Covid-19 will be “ the biggest health crisis in their careers ” .
“ These survey results make for difficult reading .
While this is an unsettling and extremely stressful time for the public , it is sad and deplorable to think that one in three doctors @ @ @ @ @ @ @ the most challenging circumstances , putting patients first , face abuse in and outside of their workplace , ” Dr Bradshaw said .
“ Without support to address an array of mental-wellbeing concerns – including those caused by verbal and physical abuse – doctors are at risk of becoming disillusioned or will suffer in silence with psychological injuries , both of which put the safety of themselves and their patients at risk , ” Dr Bradshaw added .
“ The need for mental-wellbeing support is all the more important and urgent given the @ @ @ @ @ @ @ that are off work due to Covid-19 related issues .
Those working in both HSE and private healthcare settings must be properly supported .
”

Doctors said they have received abuse in an emergency department, from families of patients, and on the street. Photograph: iStock
One in three doctors have experienced verbal or physical abuse during Covid-19, a survey has found.
Over a third of the 361 doctors in Ireland who responded to the survey by the Medical Protection Society (MPS) said they have suffered abuse from patients or patients' relatives in recent months.
A further seven per cent said they experienced verbal or physical abuse from a member of the public outside of a medical setting, with some saying they have been shouted at in the street.
Hospital Report
Two in five doctors say their mental wellbeing is worse compared to the start of the pandemic.
READ MORE
The survey was conducted by the MPS between September 17th-30th following concerns from some of its members, it said. It described the results as “deplorable” and said the abuse presents “yet another source of anxiety for doctors at the worst possible time”.
Anonymous comments from those participating in the survey included: “I’ve been assaulted a number of times in the Covid-19 emergency department”, “Patients are demanding to be seen. Some refusing to wear masks or social distance, and pushing past staff.” Another said, “I experienced aggression from relatives of a cancer patient whose cancer surgery has been cancelled for the second time due to Covid-19 related bed shortages.”
Supports
Dr Pallavi Bradshaw, medicolegal lead of risk prevention at MPS, said for most doctors Covid-19 will be "the biggest health crisis in their careers".
“These survey results make for difficult reading. While this is an unsettling and extremely stressful time for the public, it is sad and deplorable to think that one in three doctors who go to work every day in the most challenging circumstances, putting patients first, face abuse in and outside of their workplace,” Dr Bradshaw said.
“Without support to address an array of mental-wellbeing concerns – including those caused by verbal and physical abuse – doctors are at risk of becoming disillusioned or will suffer in silence with psychological injuries, both of which put the safety of themselves and their patients at risk,” Dr Bradshaw added.
“The need for mental-wellbeing support is all the more important and urgent given the surge in the number of healthcare workers that are off work due to Covid-19 related issues. Those working in both HSE and private healthcare settings must be properly supported.”


theirishtimes--2020-11-05--Fourth arrest made in Garda’s education board corruption investigation

Gardai investigating alleged corrupt practices at the Kildare and Wicklow Education and Training Board ( ETB ) have arrested a man .
The suspect was arrested on Thursday morning in Co Kildare and was still being questioned on Thursday evening by detectives from the Garda National Economic Crime Bureau ( GNECB ) .
Another man , in his 40s , was arrested the week before last and two others were detained for questioning earlier this year ; a man in his 50s in August , and a woman in her 30s in September .
The three suspects detained in recent @ @ @ @ @ @ @ before being released without charge while the criminal investigation has continued .
The latest person arrested was being questioned on Thursday evening as part of Operation Lakefront by detectives attached to the anti-corruption unit , GNECB .
He was arrested as part of the wider investigation into alleged offences contrary to the Prevention of Corruption Acts .
Issues about the Kildare and Wicklow ETB were raised in a Department of Education investigation and a Comptroller and Auditor General report last year .
The audit found the ETB repeatedly broke public contract rules and @ @ @ @ @ @ @ five-star hotels .
Its then chief executive , Seán Ashe , also failed to declare ties to family members with interests in two companies that received contracts from the ETB , the audit found .
The report was referred to the GNECB which commenced an investigation .
Comptroller and Auditor General Seamus McCarthy last year told a hearing of the Public Accounts Committee that concerns about Kildare and Wicklow ETB arose during a routine audit of the body ’ s 2015 financial accounts .
The concerns led the State auditor to prepare a @ @ @ @ @ @ @ a move that would be “ very unusual ” , he told the committee .
When concerning financial practices were brought to the chair and vice-chair of the ETB ’ s board , Mr McCarthy said they were both “ surprised and shocked ” to learn the information .
Mr McCarthy said in his opinion ETB boards were “ heavily dependent ” on the executives they were supposed to provide oversight to , and needed more “ operational independence ” .

The latest person arrested was being questioned on Thursday evening as part of Operation Lakefront by detectives attached to the GNECB.
Gardai investigating alleged corrupt practices at the Kildare and Wicklow Education and Training Board (ETB) have arrested a man.
The suspect was arrested on Thursday morning in Co Kildare and was still being questioned on Thursday evening by detectives from the Garda National Economic Crime Bureau (GNECB).
Another man, in his 40s, was arrested the week before last and two others were detained for questioning earlier this year; a man in his 50s in August, and a woman in her 30s in September.
The three suspects detained in recent months were all questioned for a period before being released without charge while the criminal investigation has continued.
READ MORE
The latest person arrested was being questioned on Thursday evening as part of Operation Lakefront by detectives attached to the anti-corruption unit, GNECB.
He was arrested as part of the wider investigation into alleged offences contrary to the Prevention of Corruption Acts.
Issues about the Kildare and Wicklow ETB were raised in a Department of Education investigation and a Comptroller and Auditor General report last year.
The audit found the ETB repeatedly broke public contract rules and indulged in “excessive” spending on five-star hotels.
Its then chief executive, Seán Ashe, also failed to declare ties to family members with interests in two companies that received contracts from the ETB, the audit found. The report was referred to the GNECB which commenced an investigation.
Comptroller and Auditor General Seamus McCarthy last year told a hearing of the Public Accounts Committee that concerns about Kildare and Wicklow ETB arose during a routine audit of the body’s 2015 financial accounts.
The concerns led the State auditor to prepare a supplementary report into the financial issues, a move that would be “very unusual”, he told the committee.
When concerning financial practices were brought to the chair and vice-chair of the ETB’s board, Mr McCarthy said they were both “surprised and shocked” to learn the information.
Mr McCarthy said in his opinion ETB boards were “heavily dependent” on the executives they were supposed to provide oversight to, and needed more “operational independence”.