theirishtimes--2020-12-08--Faith groups celebrate missed festivals at Mansion House in Dublin

A series of inter-faith gatherings to celebrate religious festivals missed during 2020 began at the Dublin Lord Mayor ’ s garden near the Mansion House on Tuesday afternoon .
Rewind 2020 , organised by the Dublin City Interfaith Forum , will continue until December 14th with each day dedicated to a different faith .
Beginning at 1pm each afternoon , faith communities taking part will include Buddhists , Sikhs , Jews , Hindus , Baha ’ i ’ s , Muslims , and Christians .
Covid-19 guidelines are being strictly adhered to with attendance limited to 15 .
Ceremonies are @ @ @ @ @ @ @ the Dublin City Interfaith Forum ’ s YouTube channel .
Launching the series , Lord Mayor Hazel Chu said “ We are very conscious of this year being such a tough and challenging year for all , that one of the things shining through was community and in some cases it was community based on faith.
” She wanted “ a forum where everyone could celebrate , especially as you can see here with the crib and the tree that we ’ re trying to celebrate Christmas as much as possible , but @ @ @ @ @ @ @ have forgotten all the other faiths .
So the idea came along when I was talking to the interfaith groups.
” Because of the pandemic it was not possible to bring people inside the Mansion House , so she asked , “ Why don ’ t we put 15 people in the garden , have the celebration of all faiths being practised here in Ireland , to show that the community is alive and well ?
” She said , “ We wanted to send out a message that we ’ re here @ @ @ @ @ @ @ are , supporting you ” .
Adrian Cristea , of the Dublin City Interfaith Forum , described the Lord Mayor ’ s initiative as “ a very welcome move ” and amounted to recognition of “ our rich diversity in the Mansion House for the first time in this way at this most special time of the year.
” Tuesday ’ s ceremony involved celebration of Rohatsu 2020 , the Buddhist Day of Enlightenment , which is marked by Zen Buddhists on the eighth day of the twelfth month each year .
It @ @ @ @ @ @ @ about 2,500 years ago .
The ceremony was led by Monk Myozan Kodo of Zen Buddhism Ireland .
He said there were “ currently , approximately 10,000 Buddhists in Ireland , about 5,000 native-born ” .
Originally from Co Galway , he has been Buddhist for about 25 years .
“ Buddhism is as diverse as Christianity , ” he said , while his own Zen Buddhism goes back “ 93 , 94 generations ” .
On Wednesday a Sikh ceremony will take place , with the Jewish community marking Hanukkah on Thursday @ @ @ @ @ @ @ Hindu ceremony , with a Baha ’ i ceremony on Saturday , and the final , Christian ceremony , on Monday next , December 14th .
Earlier the Lord Mayor opened the IFA Live Animal Crib at the Mansion House .
Due to pandemic restrictions people can view the animals only through enlarged windows at the front of the crib this year .
“ I was determined the crib would be back , ” said Lord Mayor Chu .
“ It is 25 years since it was first launched and in that time @ @ @ @ @ @ @ She also announced that on Christmas Day she and Knights of St Columbanus will serve dinners to the homeless at the Mansion House forecourt and garden as the RDS is not available due to Covid-19 .
Dinners will also be delivered to people around the city .
The Lord Mayor is inviting people to join her for “ 12 days of a Christmas Carol ” , an online event featuring well-known personalities reading from Charles Dickens ’ s A Christmas Carol .
It will take place every day at 7pm , starting on @ @ @ @ @ @ @ .
It can be viewed at Facebook page ( @ LordMayorDublin ) , Lovin Dublin Facebook page ( @ LovinDublin ) and on dublin.ie .

A series of inter-faith gatherings to celebrate religious festivals missed during 2020 began at the Dublin Lord Mayor’s garden near the Mansion House on Tuesday afternoon.
Rewind 2020, organised by the Dublin City Interfaith Forum, will continue until December 14th with each day dedicated to a different faith.
Beginning at 1pm each afternoon, faith communities taking part will include Buddhists, Sikhs, Jews, Hindus, Baha’i’s, Muslims, and Christians. Covid-19 guidelines are being strictly adhered to with attendance limited to 15 .
Hospital Report
Ceremonies are being broadcast live on www.facebook.com/dublincityinterfaithforum and on the Dublin City Interfaith Forum's YouTube channel.
READ MORE
Launching the series, Lord Mayor Hazel Chu said "We are very conscious of this year being such a tough and challenging year for all, that one of the things shining through was community and in some cases it was community based on faith."
She wanted “a forum where everyone could celebrate, especially as you can see here with the crib and the tree that we’re trying to celebrate Christmas as much as possible, but that at the same time we may have forgotten all the other faiths. So the idea came along when I was talking to the interfaith groups.”
Because of the pandemic it was not possible to bring people inside the Mansion House, so she asked, "Why don't we put 15 people in the garden, have the celebration of all faiths being practised here in Ireland, to show that the community is alive and well?"
She said, “We wanted to send out a message that we’re here, no matter faith or religion you are, supporting you”.
Adrian Cristea, of the Dublin City Interfaith Forum, described the Lord Mayor's initiative as "a very welcome move " and amounted to recognition of "our rich diversity in the Mansion House for the first time in this way at this most special time of the year."
Tuesday’s ceremony involved celebration of Rohatsu 2020, the Buddhist Day of Enlightenment, which is marked by Zen Buddhists on the eighth day of the twelfth month each year. It commemorates the day the Buddha experienced enlightenment about 2,500 years ago.
The ceremony was led by Monk Myozan Kodo of Zen Buddhism Ireland. He said there were “currently, approximately 10,000 Buddhists in Ireland, about 5,000 native-born”. Originally from Co Galway, he has been Buddhist for about 25 years. “Buddhism is as diverse as Christianity,” he said, while his own Zen Buddhism goes back “93, 94 generations”.
On Wednesday a Sikh ceremony will take place, with the Jewish community marking Hanukkah on Thursday. On Friday there will be a Hindu ceremony, with a Baha’i ceremony on Saturday, and the final, Christian ceremony, on Monday next, December 14th.
Earlier the Lord Mayor opened the IFA Live Animal Crib at the Mansion House. Due to pandemic restrictions people can view the animals only through enlarged windows at the front of the crib this year. “I was determined the crib would be back,” said Lord Mayor Chu. “It is 25 years since it was first launched and in that time it has become a Dublin tradition.”
She also announced that on Christmas Day she and Knights of St Columbanus will serve dinners to the homeless at the Mansion House forecourt and garden as the RDS is not available due to Covid-19. Dinners will also be delivered to people around the city.
The Lord Mayor is inviting people to join her for “12 days of a Christmas Carol”, an online event featuring well-known personalities reading from Charles Dickens’s A Christmas Carol . It will take place every day at 7pm, starting on December 13th, continuing to Christmas Eve.
It can be viewed at Facebook page (@LordMayorDublin), Lovin Dublin Facebook page (@LovinDublin) and on dublin.ie.


theirishtimes--2020-12-08--Man agrees before High Court to vacate land needed for runway at Dublin Airport

A man has agreed before the High Court to vacate land next to Dublin Airport which is required to facilitate the construction of the new north runway .
Richard Joyce claimed he and his father have enjoyed adverse possession , or squatters ’ rights , over the land which was next to what the Dublin Airport Authority ( DAA ) said had once been designated as a licensed Travellers ’ halting site .
Mr Joyce claimed he and his family had been living at the property at Collinstown Park , Forrest Road , Swords , Co Dublin , for 16 @ @ @ @ @ @ @ by the DAA to have him removed and also put in a counterclaim saying he was entitled to adverse possession .
On Tuesday , Ms Justice Leonie Reynolds was told there had been agreement between the parties and the case would not be troubling the court .
An agreed order was handed into court in which Mr Joyce acknowledged he was not entitled to any beneficial interest in the land , will vacate it by January 31st next , and remove all his belongings .
The case was struck out along with his @ @ @ @ @ @ @ in court , was asked by the judge if he understood that if he or any of his servants or agents went on the land after January 31st , they would be trespassers .
He said he did .
In its claim , the DAA said the Minister for Transport and Tourism had granted a licence in 1988 to allow the local authority to build a Travellers ’ halt at Collinstown .
The Minister was the ultimate authority over the airport lands at the time because the DAA ( previously Aer Rianta ) @ @ @ @ @ @ @ was to last until 2007 after which it was extended on a year-to-year basis .
At some time , the DAA says , certain people entered the land and extended the halting site onto land that was not licensed .
In 2017 , Fingal County Council wrote to members of the McAleer family , who were on the extended unlicensed land , requiring them to vacate the land .
The DAA says it was never brought to its attention Mr Joyce was residing on the extended lands .
Following legal action , the @ @ @ @ @ @ @ said it was only in October 2019 that Mr Joyce said he had been living on the same land as the McAleers for 15 years .
He had said he was willing to consider any suitable offer of alternative accommodation and compensation , the DAA said .
The DAA brought proceedings against him seeking possession saying he had offered no evidence of being in continuous occupation of the land .
Mr Joyce counterclaimed saying he had been in adverse possession because he and his father , who he said was there since 2004 @ @ @ @ @ @ @ to make it suitable for a caravan .
He said they laid concrete , gravel and paving on the land , also used for storage of a large number of items including vehicles , had fenced the property and put locks on it .
He sought a declaration he was entitled to adverse possession by virtue of continuous occupation of more than 12 years .
Ms Justice Reynolds congratulated the parties on reaching an agreement .

The DAA said the land lay next an area which had been designated a licensed Travellers’ halting site. Photograph: Nick Bradshaw
A man has agreed before the High Court to vacate land next to Dublin Airport which is required to facilitate the construction of the new north runway.
Richard Joyce claimed he and his father have enjoyed adverse possession, or squatters' rights, over the land which was next to what the Dublin Airport Authority (DAA) said had once been designated as a licensed Travellers' halting site.
Mr Joyce claimed he and his family had been living at the property at Collinstown Park, Forrest Road, Swords, Co Dublin, for 16 years.
He had opposed an application by the DAA to have him removed and also put in a counterclaim saying he was entitled to adverse possession.
READ MORE
On Tuesday, Ms Justice Leonie Reynolds was told there had been agreement between the parties and the case would not be troubling the court.
An agreed order was handed into court in which Mr Joyce acknowledged he was not entitled to any beneficial interest in the land, will vacate it by January 31st next, and remove all his belongings. The case was struck out along with his counterclaim.
Mr Joyce, who was in court, was asked by the judge if he understood that if he or any of his servants or agents went on the land after January 31st, they would be trespassers.
He said he did.
In its claim, the DAA said the Minister for Transport and Tourism had granted a licence in 1988 to allow the local authority to build a Travellers’ halt at Collinstown. The Minister was the ultimate authority over the airport lands at the time because the DAA (previously Aer Rianta) was a semi-State body,
That licence was to last until 2007 after which it was extended on a year-to-year basis.
At some time, the DAA says, certain people entered the land and extended the halting site onto land that was not licensed.
In 2017, Fingal County Council wrote to members of the McAleer family, who were on the extended unlicensed land, requiring them to vacate the land. The DAA says it was never brought to its attention Mr Joyce was residing on the extended lands.
Following legal action, the McAleers left the site. The DAA said it was only in October 2019 that Mr Joyce said he had been living on the same land as the McAleers for 15 years. He had said he was willing to consider any suitable offer of alternative accommodation and compensation, the DAA said.
The DAA brought proceedings against him seeking possession saying he had offered no evidence of being in continuous occupation of the land.
Mr Joyce counterclaimed saying he had been in adverse possession because he and his father, who he said was there since 2004, had cleared and levelled the site to make it suitable for a caravan. He said they laid concrete, gravel and paving on the land, also used for storage of a large number of items including vehicles, had fenced the property and put locks on it.
He sought a declaration he was entitled to adverse possession by virtue of continuous occupation of more than 12 years.
Ms Justice Reynolds congratulated the parties on reaching an agreement.


theirishtimes--2020-12-08--Housing committee hears concerns over rushed planning laws

The Oireachtas housing committee has accused the Government of rushing through “ highly complex legislation ” including new arrangements for “ substitute consent ” – a form of planning retention for large-scale developments .
The legislation is being introduced in the wake of the Derrybrien wind farm case brought by European Commission against the State , and a subsequent Supreme Court decision last July which ruled current provision for substitute consent was invalid under EU environmental law .
The committee was told fines are likely to total €15 million ultimately , and the matter is unlikely to be resolved until @ @ @ @ @ @ @ Ó Broin warned that rushed-through amendments relating to substitute consent provisions in the Planning and Development Acts was undermining their efforts to scrutinise the legislation in the public interest , and to ensure it did not have unintended consequences .
“ The lesson of the Derrybrien case is if proper scrutiny had been introduced when the original legislation was being passed by this House , we wouldn ’ t have paid possibly €10 million in fines so far , ” he added .
It was unacceptable , he said , that committee members @ @ @ @ @ @ @ details within such a short period with the prospect that the Bill would complete all stages by next week .
This may also serve as a warning on two other significant pieces of legislation going through the Oireachtas , Mr Ó Broin added ; the Water Extraction Bill and the Marine Planning Development Bill , because concerns had already been highlighted of “ potential non compliance ” with EU Environmental Assessment and Water Framework Directives .
There was a risk of taxpayers having to pay millions more in fines , “ so the @ @ @ @ @ @ @ Seanad recently passed amendments to the Planning and Development Bill 2020 and Residential Tenancies Acts , including measures to allow statutory planning deadlines to be extended and public consultation meetings to be held online – if needed during pandemic restrictions .
The new arrangements for “ substitute consent ” were added last week and put before the committee .
This is to comply with the Supreme Court findings , the committee was told .
It was considered necessary to include an “ exceptional circumstances ” test in instances of substitute consent and to @ @ @ @ @ @ @ Eamonn Kelly , principal in the EU and international planning regulation section of the Department of Housing and Local Government .
The Bill , he added , “ is also a matter of urgency for the planning system .
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which needs to have measures in place as soon as possible that are legally compliant with the [ EU ] EIA directive , to facilitate applications to seek to regularise the planning status of large scale developments [ subject to Environmental Impact Assessment ] in exceptional circumstances , if required ” .
@ @ @ @ @ @ @ built in 2003 without an EIA as Irish planning law did not require that EU standards apply .
A landslide during construction caused extensive environmental damage , resulting in the commission taking Ireland to court in 2008 – it ordered a retrospective EIA , but this was not carried out .
The State is paying fines of €15,000 per day to the European Commission , Mr Kelly confirmed .
It has already paid a lump sum of €5 million after the judgment in November 2019 and a further €2.745 million in daily fines @ @ @ @ @ @ @ Mr Kelly said resolving the case was of the highest priority .
The department , after the Supreme Court decision , immediately engaged with the Attorney General , who recently decided primary legislation rather than a statutory instrument was the best course .
The ESB sought substitute consent in August and An Bord Pleanála indicated a decision was due in January , but because of the new public participation requirement , it could be the middle of 2020 , he said .
Asked if fines might total up to €20 million , Mr @ @ @ @ @ @ @ ” .

A road covered by a landslide in Derrybrien, Co Galway, in 2003. The wind farm was built without an Environmental Impact Assessment. File photograph: Joe Shaughnessy/The Irish Times
The Oireachtas housing committee has accused the Government of rushing through "highly complex legislation" including new arrangements for "substitute consent" – a form of planning retention for large-scale developments.
The legislation is being introduced in the wake of the Derrybrien wind farm case brought by European Commission against the State, and a subsequent Supreme Court decision last July which ruled current provision for substitute consent was invalid under EU environmental law.
The committee was told fines are likely to total €15 million ultimately, and the matter is unlikely to be resolved until mid-2021.
Sinn Féin housing spokesman Eoin Ó Broin warned that rushed-through amendments relating to substitute consent provisions in the Planning and Development Acts was undermining their efforts to scrutinise the legislation in the public interest, and to ensure it did not have unintended consequences.
READ MORE
“The lesson of the Derrybrien case is if proper scrutiny had been introduced when the original legislation was being passed by this House, we wouldn’t have paid possibly €10 million in fines so far,” he added.
It was unacceptable, he said, that committee members have to submit amendments on highly technical details within such a short period with the prospect that the Bill would complete all stages by next week.
This may also serve as a warning on two other significant pieces of legislation going through the Oireachtas, Mr Ó Broin added; the Water Extraction Bill and the Marine Planning Development Bill, because concerns had already been highlighted of "potential non compliance" with EU Environmental Assessment and Water Framework Directives. There was a risk of taxpayers having to pay millions more in fines, "so the stakes are incredibly high".
The Seanad recently passed amendments to the Planning and Development Bill 2020 and Residential Tenancies Acts, including measures to allow statutory planning deadlines to be extended and public consultation meetings to be held online – if needed during pandemic restrictions.
The new arrangements for “substitute consent” were added last week and put before the committee. This is to comply with the Supreme Court findings, the committee was told.
It was considered necessary to include an "exceptional circumstances" test in instances of substitute consent and to provide for additional public participation, said Eamonn Kelly, principal in the EU and international planning regulation section of the Department of Housing and Local Government.
The Bill, he added, “is also a matter of urgency for the planning system . . . which needs to have measures in place as soon as possible that are legally compliant with the [EU] EIA directive, to facilitate applications to seek to regularise the planning status of large scale developments [subject to Environmental Impact Assessment] in exceptional circumstances, if required”.
Derrybrien wind farm in Co Galway was built in 2003 without an EIA as Irish planning law did not require that EU standards apply. A landslide during construction caused extensive environmental damage, resulting in the commission taking Ireland to court in 2008 – it ordered a retrospective EIA, but this was not carried out.
Highest priority
The State is paying fines of €15,000 per day to the European Commission, Mr Kelly confirmed. It has already paid a lump sum of €5 million after the judgment in November 2019 and a further €2.745 million in daily fines relating to the following six-month period.
Mr Kelly said resolving the case was of the highest priority. The department, after the Supreme Court decision, immediately engaged with the Attorney General, who recently decided primary legislation rather than a statutory instrument was the best course.
The ESB sought substitute consent in August and An Bord Pleanála indicated a decision was due in January, but because of the new public participation requirement, it could be the middle of 2020, he said.
Asked if fines might total up to €20 million, Mr Kelly replied “€15 million, perhaps”.


theirishtimes--2020-12-08--Court overturns finding relating to recognition of marriages of refugees

The Supreme Court has overturned a finding of unconstitutionality concerning a law preventing the recognition , for family reunification purposes , of marriages of refugees which took place after they sought protection here .
The five-judge court disagreed with the High Court ’ s Mr Justice Max Barrett that section 56.9 of the International Protection Act 2015 discriminates unlawfully and unjustifiably between those who were married before seeking protection and those who were not .
Granting the State ’ s appeal in two separate cases , the court overturned the judge ’ s declaration , which he had stayed pending @ @ @ @ @ @ @ and incompatible with the European Convention on Human Rights ( ECHR ) .
In a third appeal , the court upheld a decision by the High Court ’ s Mr Justice Richard Humphreys rejecting a challenge to the constitutionality of section 56.8 of the 2015 Act , which allows family reunification applicants a maximum 12 months to apply within a year of securing refugee status or subsidiary protection .
That appeal was by a 19-year-old Nigerian woman who , when aged 10 in 2011 , was abandoned here by her mother and later @ @ @ @ @ @ @ She got refugee status in 2014 .
After resuming phone contact in 2018 with her family , social workers applied on her behalf later in 2018 for family reunification with her parents and sister but the application was refused due to not being brought within the 12 months specified by section 56.8 .
The first two appeals , concerning an Iraqi Kurdish man and an Afghan man who both married after getting protection here , were heard together , followed by the Nigerian woman ’ s appeal .
The Supreme Court agreed to @ @ @ @ @ @ @ of general public importance and because of the clashing views of the two High Court judges on section 56.9 .
Mr Justice Barrett had declined to follow a prior judgment of Mr Justice Humphreys , in the RC case , and another by Mr Justice David Keane , upholding the constitutionality of section 56.9 .
Giving the court ’ s main judgment on all three appeals on Tuesday , Ms Justice Elizabeth Dunne noted the section 56.9 reunification procedure is more favourable to applicants than an alternative procedure under the 2015 Act set @ @ @ @ @ @ @ critical of some of the reasons advanced by the Minister for the distinction between married and unmarried applicants , she agreed with much of Mr Justice Humphreys reasons in his “ RC ” judgment for rejecting a challenge to the constitutionality of section 56.9 .
She said Mr Justice Barrett had relied on two European Court of Human Rights decisions , “ Hode ” and “ Abdi ” , and clearly considered the “ RC ” decision was incorrect but failed to explain why that was so .
The position was further complicated @ @ @ @ @ @ @ his declaration of unconstitutionality , creating uncertainty in the law .
The thrust of international consensus is the refugee should be able to resume normal life and , in the case of an individual who was not married when they sought protection , the question of resuming normal life “ simply does not arise ” , she held .
The position of the applicants in the first two cases was not the same as those whose relationships have been ruptured by having to flee their country of country of origin due to persecution @ @ @ @ @ @ @ married when seeking protection and those who are not is “ legitimate and proportionate ” having regard to the need to provide for family reunification on the one hand and the need to have regard to immigration control on the other , she concluded .
For similar reasons , she dismissed the finding of incompatibility with the ECHR .
Dealing with the Nigerian woman ’ s appeal , the judge dismissed claims that a 12-month time limit for family reunification , or any time limit a legal guardian must exercise on behalf of @ @ @ @ @ @ @ .
The “ door is not closed ” to all three applicants as they may still apply to the Minister under the policy document alternative procedure , she added .
In a concurring judgment focusing on the issues arising when High Court judges disagree , Mr Justice Peter Charleton said there was evidence of “ highly rigorous analysis ” by Mr Justice Barrett in his judgment , particularly the section where he came to differ from Mr Justice Humphreys , but he had not advanced reasons for not following the earlier precedent set @ @ @ @

The Supreme Court has overturned a finding of unconstitutionality concerning a law preventing the recognition, for family reunification purposes, of marriages of refugees which took place after they sought protection here.
The five-judge court disagreed with the High Court’s Mr Justice Max Barrett that section 56.9 of the International Protection Act 2015 discriminates unlawfully and unjustifiably between those who were married before seeking protection and those who were not.
Granting the State’s appeal in two separate cases, the court overturned the judge’s declaration, which he had stayed pending appeal, that section 56.9 is unconstitutional and incompatible with the European Convention on Human Rights (ECHR).
In a third appeal, the court upheld a decision by the High Court’s Mr Justice Richard Humphreys rejecting a challenge to the constitutionality of section 56.8 of the 2015 Act, which allows family reunification applicants a maximum 12 months to apply within a year of securing refugee status or subsidiary protection.
READ MORE
That appeal was by a 19-year-old Nigerian woman who, when aged 10 in 2011, was abandoned here by her mother and later made subject of a care order. She got refugee status in 2014. After resuming phone contact in 2018 with her family, social workers applied on her behalf later in 2018 for family reunification with her parents and sister but the application was refused due to not being brought within the 12 months specified by section 56.8.
The first two appeals, concerning an Iraqi Kurdish man and an Afghan man who both married after getting protection here, were heard together, followed by the Nigerian woman’s appeal.
The Supreme Court agreed to hear the appeals because they raised issues of general public importance and because of the clashing views of the two High Court judges on section 56.9. Mr Justice Barrett had declined to follow a prior judgment of Mr Justice Humphreys, in the RC case, and another by Mr Justice David Keane, upholding the constitutionality of section 56.9.
Giving the court’s main judgment on all three appeals on Tuesday, Ms Justice Elizabeth Dunne noted the section 56.9 reunification procedure is more favourable to applicants than an alternative procedure under the 2015 Act set out in a policy document.
While critical of some of the reasons advanced by the Minister for the distinction between married and unmarried applicants, she agreed with much of Mr Justice Humphreys reasons in his “RC” judgment for rejecting a challenge to the constitutionality of section 56.9.
She said Mr Justice Barrett had relied on two European Court of Human Rights decisions, “Hode” and “Abdi”, and clearly considered the “RC” decision was incorrect but failed to explain why that was so. The position was further complicated because he had put a stay on his declaration of unconstitutionality, creating uncertainty in the law.
The thrust of international consensus is the refugee should be able to resume normal life and, in the case of an individual who was not married when they sought protection, the question of resuming normal life “simply does not arise”, she held. The position of the applicants in the first two cases was not the same as those whose relationships have been ruptured by having to flee their country of country of origin due to persecution.
The distinction between those who are married when seeking protection and those who are not is “legitimate and proportionate” having regard to the need to provide for family reunification on the one hand and the need to have regard to immigration control on the other, she concluded.
For similar reasons, she dismissed the finding of incompatibility with the ECHR.
Dealing with the Nigerian woman’s appeal, the judge dismissed claims that a 12-month time limit for family reunification, or any time limit a legal guardian must exercise on behalf of a child, breaches any constitutional right.
The “door is not closed” to all three applicants as they may still apply to the Minister under the policy document alternative procedure, she added.
In a concurring judgment focusing on the issues arising when High Court judges disagree, Mr Justice Peter Charleton said there was evidence of “highly rigorous analysis” by Mr Justice Barrett in his judgment, particularly the section where he came to differ from Mr Justice Humphreys, but he had not advanced reasons for not following the earlier precedent set by his colleague.


theirishtimes--2020-12-08--Coronavirus: 215 new cases as Holohan urges care while vaccination awaited

The death of one further Covid-19 patient has been reported by the National Public Health Emergency Team ( Nphet ) this evening .
This brings to 2,097 the total number of deaths in the pandemic .
Nphet also reported 215 confirmed cases of the virus , bringing the total number of cases to 74,682 .
Of the new cases , 74 are in Dublin , 22 in Donegal , 15 in Kilkenny , 14 in Louth , 11 in Limerick with the remaining 79 cases are spread across 18 other counties .
Sixty per cent of cases are under 45 @ @ @ @ @ @ @ is 37 .
On Tuesday afternoon , there were 210 Covid-19 patients in hospital , including 31 in ICU .
There have been eight new hospitalisations over the past 24 hours .
The 14-day national incidence of the disease now stands at 80.2 cases per 100,000 people .
Donegal and Kilkenny are again the counties with the highest incidence , while Leitrim has the lowest .
Chief medical officer Dr Tony Holohan said : “ Today the Government approved Nphet ’ s advice on prioritisation of Covid-19 vaccines .
This is an important @ @ @ @ @ @ @ strategy , being finalised by the High Level taskforce for Covid-19 vaccination .
“ While each of us awaits our opportunity to be vaccinated , it is important that we continue to protect each other in the meantime , particularly over Christmas and in the months ahead .
Ministers confirmed that those aged over 65 and in long-term care , frontline healthcare workers in direct patient contact and those aged over 70 will be the first to receive the Covid-19 vaccine .
The Cabinet on Tuesday morning considered wider categories for inclusion in @ @ @ @ @ @ @ list published this afternoon , these cohorts will be followed by other healthcare workers and then those aged 65 to 69 with medical conditions .
Healthcare workers who are not in direct patient contact , as well as the over 65s with medical conditions that put them at risk of severe disease , are among those prioritised next for vaccination , once more pressing categories are immunised .
Following this , “ key workers ” will be vaccinated , although this category will be further refined , according to the Government list .
@ @ @ @ @ @ @ essential to societal and economic activity ” .
The next category will be those aged between 18 to 64 with medical conditions which put them at higher risk of disease , followed by residents of long term care facilities in this age cohort Earlier on Tuesday the first person in the world to get the new Pfizer/BioNTech vaccine is a 90-year-old native of Enniskillen , while the first person in Northern Ireland to get the jab is a 28-year-old nurse .
As the rollout of the vaccine began across Northern Ireland and Britain @ @ @ @ @ @ @ the vaccine happened in England where Margaret Keenan , who turns 91 next week , was immunised .
Ms Keenan , a native of Enniskillen , Co Fermanagh , said it was the “ best early present ” she could have received .
Not long after that first vaccination , at the Royal Victoria Hospital in Belfast , Joanna Sloan , a nurse who will be in charge of the vaccination programme in Belfast , received the vaccine just after 8am .
Ms Sloan , a mother of a five-year-old daughter , said @ @ @ @ @ @ @ part of history .

A phial of the Pfizer/BioNTech Covid-19 vaccine ready for administration at Guy’s Hospital in London, on the first day of the UK’s immunisation programme . Photograph: Victoria Jones/PA Wire
The death of one further Covid-19 patient has been reported by the National Public Health Emergency Team (Nphet) this evening. This brings to 2,097 the total number of deaths in the pandemic.
Nphet also reported 215 confirmed cases of the virus, bringing the total number of cases to 74,682.
Of the new cases, 74 are in Dublin, 22 in Donegal, 15 in Kilkenny, 14 in Louth, 11 in Limerick with the remaining 79 cases are spread across 18 other counties. Sixty per cent of cases are under 45 years of age and the median age is 37.
Hospital Report
On Tuesday afternoon, there were 210 Covid-19 patients in hospital, including 31 in ICU. There have been eight new hospitalisations over the past 24 hours.
READ MORE
The 14-day national incidence of the disease now stands at 80.2 cases per 100,000 people. Donegal and Kilkenny are again the counties with the highest incidence, while Leitrim has the lowest.
Chief medical officer Dr Tony Holohan said: “Today the Government approved Nphet’s advice on prioritisation of Covid-19 vaccines. This is an important step in the development of the vaccine strategy, being finalised by the High Level taskforce for Covid-19 vaccination.
“While each of us awaits our opportunity to be vaccinated, it is important that we continue to protect each other in the meantime, particularly over Christmas and in the months ahead.
“Continue to follow public health advice; avoid crowded places, physically distance, wear face coverings, wash hands regularly and practice cough/sneeze etiquette.”
Ministers confirmed that those aged over 65 and in long-term care, frontline healthcare workers in direct patient contact and those aged over 70 will be the first to receive the Covid-19 vaccine.
The Cabinet on Tuesday morning considered wider categories for inclusion in the vaccination programme and according to a list published this afternoon, these cohorts will be followed by other healthcare workers and then those aged 65 to 69 with medical conditions.
Healthcare workers who are not in direct patient contact, as well as the over 65s with medical conditions that put them at risk of severe disease, are among those prioritised next for vaccination, once more pressing categories are immunised.
Following this, “key workers” will be vaccinated, although this category will be further refined, according to the Government list.
It will include those “providing services essential to societal and economic activity”.
The next category will be those aged between 18 to 64 with medical conditions which put them at higher risk of disease, followed by residents of long term care facilities in this age cohort
Earlier on Tuesday the first person in the world to get the new Pfizer/BioNTech vaccine is a 90-year-old native of Enniskillen, while the first person in Northern Ireland to get the jab is a 28-year-old nurse.
As the rollout of the vaccine began across Northern Ireland and Britain on Tuesday morning the first administration of the vaccine happened in England where Margaret Keenan, who turns 91 next week, was immunised.
Ms Keenan, a native of Enniskillen, Co Fermanagh, said it was the “best early present” she could have received.
Not long after that first vaccination, at the Royal Victoria Hospital in Belfast, Joanna Sloan, a nurse who will be in charge of the vaccination programme in Belfast, received the vaccine just after 8am.
Ms Sloan, a mother of a five-year-old daughter, said she felt emotional and proud to be part of history.


theirishtimes--2020-12-08--Minister breached commitments to keep Leaving Cert ‘fair and accurate’, court told

The Minister for Education breached commitments to keep the 2020 Leaving Certificate fair and accurate , and comparable to other years results , in failing to include historical school data in the calculated grade process , the High Court has been told .
The claim was made at the opening of the hearing before Mr Justice Charles Meenan of the lead challenge by a Leaving Cert student against the calculated grades process and awarding of college places for 2020 .
Some 50 other cases are on hold pending the outcome of the case by Freddie Sherry , a Leaving Cert @ @ @ @ @ @ @ .
On Tuesday , Feichín McDonagh SC , for Mr Sherry , said the Minister had “ jettisoned ” her commitment to keep the process of estimating grades fair by opting not to include historical data about schools ’ past performances as part of the process .
The Minister ’ s decision resulted in inflated grades and breached a second commitment to making the 2020 results comparable to those in past and future years , counsel said .
The process adopted by the Minister , after the decision not to run the Leaving @ @ @ @ @ @ @ panicked or rushed and expert opinion was obtained as to the best way to fairly and accurately assess calculated grades , he said .
Following a “ top-down intervention ” by the Minister , it was decided not to include historical school data but there was no requirement to exclude that data as part of the grade assessment process , counsel said .
Prior to the intervention , the system had factored in how to grade good students capable of getting the top grades but attending schools whose students had not performed well @ @ @ @ @ @ @ said .
The system being used to calculate grades in Ireland was also different to those in the UK where there had been widespread criticism after thousands of results were marked down to reduce grade inflation , he said .
A certain “ opacity ” regarding the reasons why the Minister decided , on August 21st last , to intervene in relation to the use of historical school data would be addressed during cross-examination of witnesses for the Minister , counsel said .
The situation created by the Minister was a “ scrambled @ @ @ @ @ @ @ data showed the matter should be “ scrambled differently before the Minister took out her whisk.
” In his action , Mr Sherry , of Newtown , Celbridge , Co Kildare , claims a direction by the Minister last August to remove school historical records in the calculated grades process resulted in him being unfairly downgraded by 55 points .
Represented by Mr McDonagh SC , with Micheál P O ’ Higgins SC and Brendan Hennessy BL , instructed by Ferrys Solicitors , he says he was hugely disappointed when his teachers ’ @ @ @ @ @ @ @ him was reduced to 487 under the process and he missed out on his first course choice , pharmacy in TCD .
He claims the Minister ’ s direction , approved by the Government , interfered in the calculated grades process overseen by an independent steering committee was “ unlawful ” .
The Minister and State , represented by Eileen Barrington SC and Brian Kennedy SC deny the claims and maintain there is no reason to believe Mr Sherry would be in an improved position if historical school data was included .
It @ @ @ @ @ @ @ commitments regarding the fairness and the comparability regarding the 2020 grades .
They say students in Belvedere College received , on average , higher scores in 2020 compared to the 2017-19 period and there is no basis for any assertion Mr Sherry would have been treated more favourably in another category of school .
Because the calculated grades process has been completed and CAO offers issued , any attempt to reinstate school historical data would be inappropriate or disproportionate as it would cast doubt on the results of significant numbers of students and @ @ @ @ @ @ @ argue .
The hearing is expected to last for two weeks .

Freddie Sherry, of Newtown, Celbridge, Co Kildare, with his father, Brian, leaving the High Court on Tuesday. Photograph: Collins Courts
The Minister for Education breached commitments to keep the 2020 Leaving Certificate fair and accurate, and comparable to other years results, in failing to include historical school data in the calculated grade process, the High Court has been told.
The claim was made at the opening of the hearing before Mr Justice Charles Meenan of the lead challenge by a Leaving Cert student against the calculated grades process and awarding of college places for 2020. Some 50 other cases are on hold pending the outcome of the case by Freddie Sherry, a Leaving Cert student at Dublin’s Belvedere College.
On Tuesday, Feichín McDonagh SC, for Mr Sherry, said the Minister had “jettisoned” her commitment to keep the process of estimating grades fair by opting not to include historical data about schools ’ past performances as part of the process.
The Minister’s decision resulted in inflated grades and breached a second commitment to making the 2020 results comparable to those in past and future years, counsel said.
READ MORE
The process adopted by the Minister, after the decision not to run the Leaving Certificate examinations in 2020, was not panicked or rushed and expert opinion was obtained as to the best way to fairly and accurately assess calculated grades, he said.
Following a “top-down intervention” by the Minister, it was decided not to include historical school data but there was no requirement to exclude that data as part of the grade assessment process, counsel said.
Prior to the intervention, the system had factored in how to grade good students capable of getting the top grades but attending schools whose students had not performed well in previous years’ examinations, he said.
The system being used to calculate grades in Ireland was also different to those in the UK where there had been widespread criticism after thousands of results were marked down to reduce grade inflation, he said. A certain “opacity” regarding the reasons why the Minister decided, on August 21st last, to intervene in relation to the use of historical school data would be addressed during cross-examination of witnesses for the Minister, counsel said.
The situation created by the Minister was a “scrambled egg of complex proportions”. Expert data showed the matter should be “scrambled differently before the Minister took out her whisk.”
In his action, Mr Sherry, of Newtown, Celbridge, Co Kildare, claims a direction by the Minister last August to remove school historical records in the calculated grades process resulted in him being unfairly downgraded by 55 points.
Represented by Mr McDonagh SC, with Micheál P O’Higgins SC and Brendan Hennessy BL, instructed by Ferrys Solicitors, he says he was hugely disappointed when his teachers’ estimated CAO points total of 542 for him was reduced to 487 under the process and he missed out on his first course choice, pharmacy in TCD.
He claims the Minister’s direction, approved by the Government, interfered in the calculated grades process overseen by an independent steering committee was “unlawful”.
The Minister and State, represented by Eileen Barrington SC and Brian Kennedy SC deny the claims and maintain there is no reason to believe Mr Sherry would be in an improved position if historical school data was included.
It is also denied the Minister breached any commitments regarding the fairness and the comparability regarding the 2020 grades.
They say students in Belvedere College received, on average, higher scores in 2020 compared to the 2017-19 period and there is no basis for any assertion Mr Sherry would have been treated more favourably in another category of school. Because the calculated grades process has been completed and CAO offers issued, any attempt to reinstate school historical data would be inappropriate or disproportionate as it would cast doubt on the results of significant numbers of students and their entitlement to college places, they argue.
The hearing is expected to last for two weeks.


theirishtimes--2020-12-08--Girl who suffered shoulder injury at birth settles High Court case for €650k

A girl who suffered an injury to her right shoulder at birth has settled her High Court action for €650,000 .
Isabella McLaughlin , now aged nine , is left with a permanent weakness in her right shoulder and has some difficulty with zip fasteners , the court was told .
Her counsel Oonah McCrann SC said Isabella is a fantastic little girl who takes part in a range of sports and activities including swimming and horse riding .
When just over four months old , Isabella required nerve surgery where nerves were grafted into her right arm and she @ @ @ @ @ @ @ said .
Isabella McLaughlin , Garristown , Co Dublin , had , through her mother Nittaya McLaughlin sued the HSE over the circumstances of her birth at the National Maternity Hospital , Holles Street , Dublin in 2011 .
It was claimed there was failure to have any or any adequate regard for the treatment plan made two years earlier in relation to the mother after the birth of her first child .
It was further claimed there was failure to consider adequately or at all the use of a caesarean section for @ @ @ @ @ @ @ alleged there was failure to carry out a caesarean and the baby was exposed to the risks of an instrumental delivery in circumstances where such a delivery should not have been carried out .
The HSE admitted negligence and breach of duty in the care and treatment of the baby and the settlement was reached after mediation .
When Isabella was born she had to be resuscitated and was in intensive care for a few hours , it was claimed .
It was noticed her right arm was frozen and she was diagnosed @ @ @ @ @ @ @ condition characterised by arm weakness .
Her injury was categorised as in the most severe form and her right arm was shorter than her left .
Mr Justice Kevin Cross said it was a good settlement and approved it .

A girl who suffered an injury to her right shoulder at birth has settled her High Court action for €650,000.
A girl who suffered an injury to her right shoulder at birth has settled her High Court action for €650,000.
Isabella McLaughlin, now aged nine, is left with a permanent weakness in her right shoulder and has some difficulty with zip fasteners, the court was told.
Her counsel Oonah McCrann SC said Isabella is a fantastic little girl who takes part in a range of sports and activities including swimming and horse riding.
When just over four months old, Isabella required nerve surgery where nerves were grafted into her right arm and she is now left hand dominant, counsel said.
READ MORE
Isabella McLaughlin, Garristown, Co Dublin, had, through her mother Nittaya McLaughlin sued the HSE over the circumstances of her birth at the National Maternity Hospital, Holles Street, Dublin in 2011.
It was claimed there was failure to have any or any adequate regard for the treatment plan made two years earlier in relation to the mother after the birth of her first child. It was further claimed there was failure to consider adequately or at all the use of a caesarean section for Isabella’s birth.
It was alleged there was failure to carry out a caesarean and the baby was exposed to the risks of an instrumental delivery in circumstances where such a delivery should not have been carried out.
The HSE admitted negligence and breach of duty in the care and treatment of the baby and the settlement was reached after mediation.
When Isabella was born she had to be resuscitated and was in intensive care for a few hours, it was claimed. It was noticed her right arm was frozen and she was diagnosed with Erb’s Palsy, a condition characterised by arm weakness. Her injury was categorised as in the most severe form and her right arm was shorter than her left.
Mr Justice Kevin Cross said it was a good settlement and approved it.


theirishtimes--2020-12-08--Paramedic who assaulted women during first-aid class loses court challenge

A paramedic jailed for assaulting two women by placing them in chokeholds during first-aid class has lost his High Court challenge over a judge ’ s refusal to allow him withdraw his guilty plea .
Ennis Circuit Court Judge Gerald Keyes had in April 2019 jailed Andrew Long ( 37 ) for two years , with one year suspended , for assault causing harm to one of the women during a Civil Defence first-aid class in March 2013 in Scariff , Co Clare .
He was given a four-month concurrent sentence for the less serious charge of assault on the @ @ @ @ @ @ @ The court heard he called the two women out to a corridor .
He placed the first woman in a chokehold and she lost consciousness .
In the second incident , he placed his arm around the second ’ s neck and while she did not lose consciousness , she was unable to speak at the time .
Long initially pleaded not guilty , then changed it to guilty but subsequently applied to withdraw that plea and change it back to not guilty .
The Circuit Court judge ruled he could not do @ @ @ @ @ @ @ informed decision to plead and it was a true admission of guilt .
The judge then imposed sentence .
Long , of Carraig Dubh , Toberteascain , Ennis , Co Clare , then brought High Court judicial review proceedings claiming the Circuit Court judge failed , refused or neglected to take cognisance of the fact he sought to change his plea in a timely fashion .
He also claimed the trial judge failed , refused or neglected to address whether the application to vacate a guilty plea should be assessed on the criminal @ @ @ @ @ @ @ .
Dismissing the challenge on Tuesday , Mr Justice Garrett Simons noted , by the time the High Court case was heard last month , Long had already completed his prison sentence and been released .
The judge said previous case law principles have established the taking of judicial review proceedings prior to the conclusion of a criminal trial has the effect of disrupting the unitary nature of the trial , the capacity to create chaos within the criminal justice system and is open to abuse .
Another established principle is that because @ @ @ @ @ @ @ legality of the decision-making process and not the underlying merits of a case , the High Court ’ s jurisdiction is far more limited than that enjoyed by the Court of Appeal when dealing with an appeal against conviction and sentence , he said .
He dismissed the application for judicial review on the basis there is an adequate alternative remedy available to him through an appeal against conviction and sentence which he has lodged and is currently pending before the Court of Appeal .
None of the factors relied on by Long @ @ @ @ @ @ @ as to justify the invocation of the High Court ’ s supervisory jurisdiction .

A paramedic jailed for assaulting two women by placing them in chokeholds during first-aid class has lost his High Court challenge over a judge’s refusal to allow him withdraw his guilty plea.
Ennis Circuit Court Judge Gerald Keyes had in April 2019 jailed Andrew Long (37) for two years, with one year suspended, for assault causing harm to one of the women during a Civil Defence first-aid class in March 2013 in Scariff, Co Clare. He was given a four-month concurrent sentence for the less serious charge of assault on the second woman on the same evening.
The court heard he called the two women out to a corridor. He placed the first woman in a chokehold and she lost consciousness. In the second incident, he placed his arm around the second’s neck and while she did not lose consciousness, she was unable to speak at the time.
Long initially pleaded not guilty, then changed it to guilty but subsequently applied to withdraw that plea and change it back to not guilty.
READ MORE
The Circuit Court judge ruled he could not do so because he had made a fully informed decision to plead and it was a true admission of guilt. The judge then imposed sentence.
Long, of Carraig Dubh, Toberteascain, Ennis, Co Clare, then brought High Court judicial review proceedings claiming the Circuit Court judge failed, refused or neglected to take cognisance of the fact he sought to change his plea in a timely fashion.
He also claimed the trial judge failed, refused or neglected to address whether the application to vacate a guilty plea should be assessed on the criminal standard or the civil standard of proof.
The DPP opposed the judicial review.
Dismissing the challenge on Tuesday, Mr Justice Garrett Simons noted, by the time the High Court case was heard last month, Long had already completed his prison sentence and been released.
The judge said previous case law principles have established the taking of judicial review proceedings prior to the conclusion of a criminal trial has the effect of disrupting the unitary nature of the trial, the capacity to create chaos within the criminal justice system and is open to abuse.
Another established principle is that because judicial review is concerned principally with the legality of the decision-making process and not the underlying merits of a case, the High Court’s jurisdiction is far more limited than that enjoyed by the Court of Appeal when dealing with an appeal against conviction and sentence, he said.
He dismissed the application for judicial review on the basis there is an adequate alternative remedy available to him through an appeal against conviction and sentence which he has lodged and is currently pending before the Court of Appeal.
None of the factors relied on by Long in his arguments disclosed exceptional circumstances such as to justify the invocation of the High Court’s supervisory jurisdiction.


theirishtimes--2020-12-08--Study underlines need to stretch top students in maths and science

If an end-of-year report card was being issued to Ireland following the latest international survey of maths and science performance at school , it might read : “ strong performer , but could do better.
” On the whole there ’ s plenty to be positive about .
Students in the Republic are the best performers in maths across primary and second level in the EU .
The performance of students in Ireland at science is also significantly above the international average .
No significant gender differences were found either , with boys and girls performing equally well in maths @ @ @ @ @ @ @ contained in Trends in International Mathematics and Science Study ( Timss ) , based on data gathered in 2019 across more than 600,000 students in 64 countries .
The study , carried out every four years , measures the performance of children at fourth class in primary and second year in secondary level .
But there are some worrying findings .
There is a wide gap between the highest performing students in Ireland and their peers in countries which have a similar overall performance .
This indicates that our top students aren ’ @ @ @ @ @ @ @ reach their full potential .
Despite curriculum changes such as Project Maths and the junior cycle , and a huge emphasis on Stem ( Science , Technology , Engineering and Maths ) and digital learning , the performance among Irish schoolchildren has not changed significantly over the last four years .
In fact , talk to many third-level academics and they will – more often than not – despair about maths standards nowadays among students .
Maths support centres are common in third-level institutions for struggling undergraduate students .
So , can the @ @ @ @ @ @ @ say academics : the study measures the totality of student performance , from the weakest to the strongest .
A key factor in Ireland ’ s high standing is that we have a lower proportion of poorly-performing students than many of our competitors .
This is a good reflection of the equity of our school system – and it is likely that investment in Deis , or disadvantaged , schools is paying off .
These schools benefit from smaller teacher-pupil ratios and other supports aimed at narrowing the achievement gap with more affluent @ @ @ @ @ @ @ other international education surveys – such as Pisa and Pirls – which show Irish students are strong performers overall with fewer underachieving students .
That said , this latest survey shows we lag well significantly behind east Asian powerhouses such as Singapore , Korea , parts of China and Japan .
Why are they streaking so far ahead ?
Experts say there are likely to be a number of factors at play .
Firstly , the results can be distorted by the number of students that are excluded from the international test for @ @ @ @ @ @ @ per cent of students , while some countries such as Singapore exclude between 10 and 12 per cent of pupils .
There may also be strong cultural factors .
Parents in many top countries place a very high value on their children performing well and school can be extremely competitive .
While it means top students do better , it can lead to negative consequences such as a very heavy reliance on private tuition or after-school academies , which all place extra pressure on students .
The Korean government , for example , @ @ @ @ @ @ @ forbids after-school grinds taking place after 10pm .
It may , then , be more useful to compare how we are doing with competitor countries which are closer to home , such as the UK and EU member states .
We are doing better in maths than the rest of the EU and performing strongly in science .
England is interesting .
It fares better at primary level than Ireland .
In maths at fourth class , it ranks in eight place – one place ahead of the Republic .
In science at @ @ @ @ @ @ @ place – six places ahead of the Republic in 18th place .
Is this due to an extra emphasis on maths and science at primary ?
A more demanding curriculum ?
Or could it be due the focus on maths due to the 11-plus exams ?
Either way , Ireland overtakes England at second level .
In maths at second year , Ireland ranks in seventh position , six places ahead of England in 13th place .
In science , Ireland ranks in 10th place , four places ahead of England in 14th @ @ @ @ @ @ @ of our education system ?
Or is down to curricular issues ?
Or a decline in the UK ?
We ’ ll get a better sense of this as researchers delve deeper into the findings over the coming months .
The big challenge for Ireland , most experts agree , is how to stretch our top students .
Recent curricular changes in maths and science , in theory , have allowed for this by focusing more on critical thinking and inquiry-based learning .
However , research indicates that teachers feel that they don @ @ @ @ @ @ @ on extending top students in the way that was planned .
This will need to be addressed through providing greater resources and training .
A promised strategy to support gifted and talented students will also be needed , as will high quality , continuous professional development .
As teachers so often remind pupils in their report cards , there ’ s no time to rest on your laurels .

Students in Ireland are the best performers in maths across primary and second level in the EU. Photograph: iStock
If an end-of-year report card was being issued to Ireland following the latest international survey of maths and science performance at school, it might read: "strong performer, but could do better."
On the whole there’s plenty to be positive about.
Students in the Republic are the best performers in maths across primary and second level in the EU.
The performance of students in Ireland at science is also significantly above the international average.
READ MORE
No significant gender differences were found either, with boys and girls performing equally well in maths and science tests.
These findings are contained in Trends in International Mathematics and Science Study (Timss), based on data gathered in 2019 across more than 600,000 students in 64 countries.
The study, carried out every four years, measures the performance of children at fourth class in primary and second year in secondary level.
But there are some worrying findings.
Wide gap
There is a wide gap between the highest performing students in Ireland and their peers in countries which have a similar overall performance.
This indicates that our top students aren’t being challenged or stretched enough to reach their full potential.
Despite curriculum changes such as Project Maths and the junior cycle, and a huge emphasis on Stem (Science, Technology, Engineering and Maths) and digital learning, the performance among Irish schoolchildren has not changed significantly over the last four years.
In fact, talk to many third-level academics and they will – more often than not – despair about maths standards nowadays among students.
Maths support centres are common in third-level institutions for struggling undergraduate students.
So, can the Timss figures be trusted?
Yes, say academics: the study measures the totality of student performance, from the weakest to the strongest.
A key factor in Ireland’s high standing is that we have a lower proportion of poorly-performing students than many of our competitors.
This is a good reflection of the equity of our school system – and it is likely that investment in Deis, or disadvantaged, schools is paying off.
These schools benefit from smaller teacher-pupil ratios and other supports aimed at narrowing the achievement gap with more affluent schools.
These findings are reflected in other international education surveys – such as Pisa and Pirls – which show Irish students are strong performers overall with fewer underachieving students.
East Asia
That said, this latest survey shows we lag well significantly behind east Asian powerhouses such as Singapore, Korea, parts of China and Japan.
Why are they streaking so far ahead?
Experts say there are likely to be a number of factors at play.
Firstly, the results can be distorted by the number of students that are excluded from the international test for various reasons.
Ireland excludes around 1 per cent of students, while some countries such as Singapore exclude between 10 and 12 per cent of pupils.
There may also be strong cultural factors.
Parents in many top countries place a very high value on their children performing well and school can be extremely competitive.
While it means top students do better, it can lead to negative consequences such as a very heavy reliance on private tuition or after-school academies, which all place extra pressure on students.
The Korean government, for example, introduced a law in recent years which forbids after-school grinds taking place after 10pm.
It may, then, be more useful to compare how we are doing with competitor countries which are closer to home, such as the UK and EU member states.
We are doing better in maths than the rest of the EU and performing strongly in science.
England is interesting. It fares better at primary level than Ireland.
In maths at fourth class, it ranks in eight place – one place ahead of the Republic.
In science at fourth class, it ranks in 12th place – six places ahead of the Republic in 18th place.
Is this due to an extra emphasis on maths and science at primary? A more demanding curriculum? Or could it be due the focus on maths due to the 11-plus exams?
Either way, Ireland overtakes England at second level.
In maths at second year, Ireland ranks in seventh position, six places ahead of England in 13th place.
In science, Ireland ranks in 10th place, four places ahead of England in 14th place.
Is this due the equity of our education system? Or is down to curricular issues? Or a decline in the UK?
We’ll get a better sense of this as researchers delve deeper into the findings over the coming months.
The big challenge for Ireland, most experts agree, is how to stretch our top students.
Recent curricular changes in maths and science, in theory, have allowed for this by focusing more on critical thinking and inquiry-based learning.
However, research indicates that teachers feel that they don’t have the time to focus on extending top students in the way that was planned.
This will need to be addressed through providing greater resources and training.
A promised strategy to support gifted and talented students will also be needed, as will high quality, continuous professional development.
As teachers so often remind pupils in their report cards, there’s no time to rest on your laurels.


theirishtimes--2020-12-08--Drug driving cases increase this year despite fall in traffic

Drug driving has become the most rapidly growing hazard on the roads of the Republic , with cases having more than doubled since the start of the year despite traffic volume plummeting because of the Covid-19 pandemic .
Chairman of the Road Safety Authority ( RSA ) Liz O ’ Donnell said Irish society now had a serious problem with drinking and taking drugs and then driving .
She added anyone who saw a family member or loved one driving while intoxicated or about to get into a car with an intoxicated driver “ had a duty to intervene ” @ @ @ @ @ @ @ people celebrate Christmas , and this is what we have to guard against , ” she said at the formal launch of the Garda ’ s road safety campaign for the Christmas and New Year period and which was set to run until January 5th .
Some 2,537people have been caught driving under the influence of drugs so far this year , up by 113 per cent on last year .
Assistant Commissioner Paula Hillman said the increase had occurred despite traffic volume having fallen by between 20 and 70 per cent when @ @ @ @ @ @ @ .
She said gardaí were also catching people drug driving on all days of the week and any time of the day , rather than the traditional spike in intoxicated driver cases usually associated with weekends .
Ms Hillman , who is head of the Garda ’ s National Roads Policing section and also leads the force ’ s community engage bureau , revealed speeding offences had increased this year despite the pandemic ; up by 26 per cent to 151,000 cases so far this year .
She added the Garda ’ s @ @ @ @ @ @ @ campaign , which was already underway , would specifically focus this year on those driving under the influence of alcohol or drugs .
“ The drink driving detections have increased by about 25 per cent but… we have seen that ( large ) increase in detections for drug driving , ” Ms Hillman said .
She added drugs were now readily available and people had changed their social patterns and daily routines during the pandemic , which was perhaps now being reflected in detection trends .
Prof Denis Cusack , head of the @ @ @ @ @ @ @ provides the technical support to the Garda for drink and drug driving testing , said enforcement by gardaí of drink and drug driving had increased very significantly in the past five years .
There were 127 roadside drug testing devices in operation within the Garda at present compared to 75 devices at the end of last year .
It was “ astonishing ” that drug driving had increased this year despite the periods of lockdown .
It was “ a sad reflection ” that some people were still willing to risk their lives @ @ @ @ @ @ @ by driving under the influence of alcohol and drugs .
Ms O ’ Donnell said the RSA was “ concerned ” that traffic volume had dropped so significantly this year and yet there had been “ no road safety dividend ” as eight more people had been killed on the roads this year compared to last year .
The increase in speeding and drug driving had “ undeniably ” caused deaths this year while still a relatively large number of passengers in crashed vehicles had died as they were not wearing a seat @ @ @ @ @ @ @ while many pubs were closed , people were still drinking at home and often the measures of spirits they poured for themselves were twice as large as those served in a pub .
This also had a knock-on risk of a driver being over the limit the morning after a night drinking .

Assistant Commissioner Paula Hillman said the increase had occurred despite traffic volume having fallen by between 20 and 70 per cent when Covid-19 restrictions were at their most stringent. Photograph: iStock
Drug driving has become the most rapidly growing hazard on the roads of the Republic, with cases having more than doubled since the start of the year despite traffic volume plummeting because of the Covid-19 pandemic.
Chairman of the Road Safety Authority (RSA) Liz O’Donnell said Irish society now had a serious problem with drinking and taking drugs and then driving. She added anyone who saw a family member or loved one driving while intoxicated or about to get into a car with an intoxicated driver “had a duty to intervene”.
“We know the way Irish people celebrate Christmas, and this is what we have to guard against,” she said at the formal launch of the Garda’s road safety campaign for the Christmas and New Year period and which was set to run until January 5th.
Some 2,537people have been caught driving under the influence of drugs so far this year, up by 113 per cent on last year.
READ MORE
Assistant Commissioner Paula Hillman said the increase had occurred despite traffic volume having fallen by between 20 and 70 per cent when Covid-19 restrictions were at their most stringent.
She said gardaí were also catching people drug driving on all days of the week and any time of the day, rather than the traditional spike in intoxicated driver cases usually associated with weekends.
Ms Hillman, who is head of the Garda’s National Roads Policing section and also leads the force’s community engage bureau, revealed speeding offences had increased this year despite the pandemic; up by 26 per cent to 151,000 cases so far this year.
She added the Garda’s Christmas and New Year road safety enforcement campaign, which was already underway, would specifically focus this year on those driving under the influence of alcohol or drugs.
“The drink driving detections have increased by about 25 per cent but… we have seen that (large) increase in detections for drug driving,” Ms Hillman said. She added drugs were now readily available and people had changed their social patterns and daily routines during the pandemic, which was perhaps now being reflected in detection trends.
Prof Denis Cusack, head of the Medical Bureau of Road Safety, which provides the technical support to the Garda for drink and drug driving testing, said enforcement by gardaí of drink and drug driving had increased very significantly in the past five years.
There were 127 roadside drug testing devices in operation within the Garda at present compared to 75 devices at the end of last year.
It was “astonishing” that drug driving had increased this year despite the periods of lockdown. It was “a sad reflection” that some people were still willing to risk their lives, and the lives of others, by driving under the influence of alcohol and drugs.
Ms O’Donnell said the RSA was “concerned” that traffic volume had dropped so significantly this year and yet there had been “no road safety dividend” as eight more people had been killed on the roads this year compared to last year.
The increase in speeding and drug driving had “undeniably” caused deaths this year while still a relatively large number of passengers in crashed vehicles had died as they were not wearing a seat belt.
Ms O’Donnell added while many pubs were closed, people were still drinking at home and often the measures of spirits they poured for themselves were twice as large as those served in a pub. This also had a knock-on risk of a driver being over the limit the morning after a night drinking.


theirishtimes--2020-12-09--Bobby Storey funeral: PSNI feared violence if they tried to disperse crowds

There would have been “ widespread violence and disorder ” if police had tried to stop or disperse the crowds attending the funeral of former IRA member Bobby Storey , the North ’ s Chief Constable has said .
Simon Byrne defended the police ’ s handling of the funeral in a BBC interview , saying that this would have been “ in nobody ’ s interests.
” He said the police investigation into alleged breaches of Covid-19 regulations at the funeral was continuing , and he hoped to be able to say “ very soon ” that the investigation @ @ @ @ @ @ @ comments were criticised by Unionist parties in Northern Ireland , with the DUP MP for Upper Bann , Carla Lockhart , accusing the Chief Constable of “ double standards ” .
His admission “ that the threat of public violence and disorder dictated the policing response to the Storey funeral … simply emboldens the arrogant attitude ” of the organisers , she said .
The North ’ s Deputy First Minister , Michelle O ’ Neill , and the Sinn Féin leader Mary Lou McDonald were among a number of senior party figures @ @ @ @ @ @ @ in west Belfast in June .
Thousands lined the streets for the ceremony , which appeared to breach both social distancing guidelines and coronavirus regulations in a number of respects , including the limit on the number of people allowed inside the church for Requiem Mass , an oration by former Sinn Féin leader Gerry Adams at Milltown Cemetery , and the presence of 30 people at a service at Roselawn crematorium .
Asked if the PSNI had abdicated its policing responsibilities at the funeral to Sinn Féin and its marshals , Mr @ @ @ @ @ @ @ think it did ” .
“ I think obviously there ’ s a public images and people will draw conclusions about how we went about policing that event , and again we ’ re always here to learn lessons , reflect and see where we can do things differently , but we ’ re in nobody ’ s pocket , we don ’ t collude with anybody , we just have to use discretion - which is at the heart of our policing style - to make judgements about how we can safely @ @ @ @ @ @ @ place.
” Mr Byrne would not be drawn on the extent of any advance planning between the PSNI and Sinn Féin as to how the funeral should be dealt with , saying it was not appropriate to discuss this while the investigation was still ongoing .
“ Because of issues that I know at the moment , it would be a question I ’ m best answering in a few weeks , ” he said .
The Ulster Unionist MLA Doug Beattie told the BBC he believed the police had “ badly got @ @ @ @ @ @ @ festering sore that is affecting society and how we deal with Covid , but also how we trust our police force , and that has to be dealt with.
” Traditional Unionist Voice ( TUV ) councillor Stephen Cooper said the Chief Constable ’ s comments had “ only added to the number of significant questions for the PSNI .
“ The public demand and deserve answers from Simon Byrne about any discussions which took place , ” he said .

June 30th, 2020: Thousands of people have congregated in west Belfast for the funeral of leading republican Bobby Storey, who died on June 21st, 2020. Video: Sinn Féin
There would have been "widespread violence and disorder" if police had tried to stop or disperse the crowds attending the funeral of former IRA member Bobby Storey, PSNI Chief Constable Simon Byrne has said.
Mr Byrne defended the police’s handling of the funeral in a BBC interview, saying that this would have been “in nobody’s interests”.
He said the police investigation into alleged breaches of Covid-19 regulations at the funeral was continuing, and he hoped to be able to say “very soon” that the investigation was finished.
Mr Byrne's comments were criticised by unionist parties in Northern Ireland, with the DUP MP for Upper Bann, Carla Lockhart, accusing the chief constable of "double standards" .
READ MORE
His admission “that the threat of public violence and disorder dictated the policing response to the Storey funeral... simply emboldens the arrogant attitude” of the organisers, she said.
The North's Deputy First Minister, Michelle O'Neill, and the Sinn Féin leader Mary Lou McDonald were among a number of senior party figures who attended Mr Storey's funeral in west Belfast in June.
Oration
Thousands lined the streets for the ceremony, which appeared to breach both social distancing guidelines and coronavirus regulations in a number of respects, including the limit on the number of people allowed inside the church for Requiem Mass, an oration by former Sinn Féin leader Gerry Adams at Milltown cemetery, and the presence of 30 people at a service at Roselawn crematorium.
Asked if the PSNI had abdicated its policing responsibilities at the funeral to Sinn Féin and its marshals, Mr Byrne said, “I don’t think it did.”
“I think obviously there’s a public image and people will draw conclusions about how we went about policing that event, and again we’re always here to learn lessons, reflect and see where we can do things differently, but we’re in nobody’s pocket, we don’t collude with anybody, we just have to use discretion – which is at the heart of our policing style – to make judgments about how we can safely enable all sorts of events to take place.”
Advance planning
Mr Byrne would not be drawn on the extent of any advance planning between the PSNI and Sinn Féin as to how the funeral should be dealt with, saying it was not appropriate to discuss this while the investigation was still ongoing.
“Because of issues that I know at the moment, it would be a question I’m best answering in a few weeks,” he said.
The Ulster Unionist MLA Doug Beattie told the BBC he believed the police had "badly got this wrong... This has become a festering sore that is affecting society and how we deal with Covid, but also how we trust our police force, and that has to be dealt with."
Traditional Unionist Voice (TUV) councillor Stephen Cooper said the chief constable's comments had "only added to the number of significant questions for the PSNI".
“The public demand and deserve answers from Simon Byrne about any discussions which took place,” he said.


theirishtimes--2020-12-09--Tackling class gap in higher education must start much earlier than third level

News this week that the class gap in higher education has not narrowed and that students from more affluent families dominate high points courses is hardly a surprise .
Despite the introduction of “ free ” secondary education in 1967 and the abolition of third level fees in 1995 , access to third level education in Ireland continues to be contingent on socio-economic status .
This is defined as a measure of one ’ s combined economic and social status and tends to be positively associated with better health .
The three common measures of socioeconomic status are education , @ @ @ @ @ @ @ have been consistently found to be allied to academic attainment in the Irish context , and indeed beyond .
The response of the Irish government to educational disadvantage has been to adopt a policy of positive discrimination , whereby additional resources are allocated to schools which cater for a high number of students from low socio-economic status backgrounds .
Educational disadvantage is defined in the Education Act of 1998 as “ the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools.
” @ @ @ @ @ @ @ in Schools ) scheme was introduced in 2005 as a formal , systematic response to educational disadvantage , providing a range of evidence-based supports to target educational disadvantage .
Although there are levels and degrees of disadvantage across Deis schools , broadly speaking they schools typically cater for higher than average numbers of students from lower socio-economic status backgrounds , students who are non-native speakers of English , students from the travelling community , and students with complex needs and emotional and behavioural difficulties .
Deis schools will also experience lower attendance levels @ @ @ @ @ @ @ and higher rates of staff attrition .
They tend to be structured in accordance with ability grouping with a marked difference in the curriculum offered , and with a tendency for the Leaving Certificate Applied to dominate .
Teaching practices in Deis schools can be more didactic and teacher-led , and career guidance is often geared more towards pastoral care and counselling than CAO preparation .
All of the above inevitably have a fundamental impact on the capacity and likelihood of students in these schools to access third level education .
While there @ @ @ @ @ @ @ in terms of examination performance and retention rates to Junior Cycle and Leaving Cert level between Deis and non-Deis , students from Deis schools are still over-represented among early school leavers and substantial socio-economic status-related gaps have been identified for those students who complete Leaving Certificate .
The gap is most glaring in terms of access to third level education where the impact of socio-economic status background on educational attainment and achievement is most stark .
Fundamental questions must be asked in relation to the slow rate of progress being achieved .
Recent @ @ @ @ @ @ @ Deis post-primary schools are grossly under-resourced by comparison with others in the free-education scheme .
Is the system itself indirectly promoting and perpetuating inequality ?
Is it now time to take a closer , more comprehensive and rigorous look at the lived reality of educational disadvantage and recognise that any policy response must be multi-faceted and meaningfully resourced , working in concert with those at the coal face , and most importantly acknowledging that this is not an issue schools alone can address ?
Donogh O ’ Malley , minister for education , @ @ @ @ @ @ @ in order to open up secondary schooling to all , irrespective of social class .
We have had numerous well-crafted speeches from politicians across the political spectrum in the intervening decades , all pledging their own and their party ’ s commitment to ensuring equal access for all to education , irrespective of social class , however , we have yet to witness the vision , leadership and determination of O ’ Malley in realising this objective .
Recognising the urgent need to tackle educational disadvantage , private industry through their philanthropic foundations @ @ @ @ @ @ @ area .
The Z Zurich Foundation , for example , announced a euro307,000 investment to launch Power 2 Progress last month , an initiative taking place in Deis schools .
Such initiatives can be life-changing for students in participating schools , breaking the cycle of educational disadvantage .
Professor Judith Harford is VP for Equality , Diversity and Inclusion in the College of Social Sciences and Law , UCD and Dr Brian Fleming is a post-doctoral researcher in the School of Education , UCD .

Despite the introduction of “free” secondary education in 1967 and the abolition of third level fees in 1995, access to third level education in Ireland continues to be contingent on socio-economic status. Photograph: iStock
News this week that the class gap in higher education has not narrowed and that students from more affluent families dominate high points courses is hardly a surprise. Despite the introduction of "free" secondary education in 1967 and the abolition of third level fees in 1995, access to third level education in Ireland continues to be contingent on socio-economic status.
This is defined as a measure of one’s combined economic and social status and tends to be positively associated with better health. The three common measures of socioeconomic status are education, income, and occupation all of which have been consistently found to be allied to academic attainment in the Irish context, and indeed beyond.
Policy response
The response of the Irish government to educational disadvantage has been to adopt a policy of positive discrimination, whereby additional resources are allocated to schools which cater for a high number of students from low socio-economic status backgrounds.
Educational disadvantage is defined in the Education Act of 1998 as “the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools.”
READ MORE
The Deis (Delivering Equality of Opportunity in Schools) scheme was introduced in 2005 as a formal, systematic response to educational disadvantage, providing a range of evidence-based supports to target educational disadvantage. Although there are levels and degrees of disadvantage across Deis schools, broadly speaking they schools typically cater for higher than average numbers of students from lower socio-economic status backgrounds, students who are non-native speakers of English, students from the travelling community, and students with complex needs and emotional and behavioural difficulties.
Deis schools will also experience lower attendance levels, higher numbers of newly qualified teachers and higher rates of staff attrition. They tend to be structured in accordance with ability grouping with a marked difference in the curriculum offered, and with a tendency for the Leaving Certificate Applied to dominate. Teaching practices in Deis schools can be more didactic and teacher-led, and career guidance is often geared more towards pastoral care and counselling than CAO preparation. All of the above inevitably have a fundamental impact on the capacity and likelihood of students in these schools to access third level education.
Narrowing the gap
While there has been some narrowing of the gap in terms of examination performance and retention rates to Junior Cycle and Leaving Cert level between Deis and non-Deis, students from Deis schools are still over-represented among early school leavers and substantial socio-economic status-related gaps have been identified for those students who complete Leaving Certificate.
The gap is most glaring in terms of access to third level education where the impact of socio-economic status background on educational attainment and achievement is most stark. Fundamental questions must be asked in relation to the slow rate of progress being achieved. Recent research we have undertaken demonstrates conclusively that Deis post-primary schools are grossly under-resourced by comparison with others in the free-education scheme.
Is the system itself indirectly promoting and perpetuating inequality? Is it now time to take a closer, more comprehensive and rigorous look at the lived reality of educational disadvantage and recognise that any policy response must be multi-faceted and meaningfully resourced, working in concert with those at the coal face, and most importantly acknowledging that this is not an issue schools alone can address?
Time to act
Donogh O’ Malley, minister for education, took radical and risky steps in 1967 in order to open up secondary schooling to all, irrespective of social class. We have had numerous well-crafted speeches from politicians across the political spectrum in the intervening decades, all pledging their own and their party’s commitment to ensuring equal access for all to education, irrespective of social class, however, we have yet to witness the vision, leadership and determination of O’ Malley in realising this objective.
Recognising the urgent need to tackle educational disadvantage, private industry through their philanthropic foundations have more recently demonstrated leadership in this area. The Z Zurich Foundation, for example, announced a euro307,000 investment to launch Power 2 Progress last month, an initiative taking place in Deis schools.
Such initiatives can be life-changing for students in participating schools, breaking the cycle of educational disadvantage.
Professor Judith Harford is VP for Equality, Diversity and Inclusion in the College of Social Sciences and Law, UCD and Dr Brian Fleming is a post-doctoral researcher in the School of Education, UCD.


theirishtimes--2020-12-09--Brexit could see 40% price hikes for online purchases

The price of some goods bought by people in Ireland from UK-based websites could increase by over 40 per cent from January 1st after post-Brexit taxes and charges are added to the list price , Revenue has warned .
Consumers will not only face substantial price increases when shopping with UK-based companies but they could also see a substantial reduction in the rights they have when it comes to returns or seeking redress in the event that products are faulty on not as described , the Competition and Consumer Protection Commission ( CCPC ) has said .
However in spite @ @ @ @ @ @ @ tracks , research published on Wednesday from the CCPC points to an alarmingly high percentage of Irish consumers who do not realise shopping on websites in countries outside the EU – which will soon include the UK – can lead to additional taxes and charges and a substantial reduction in rights if things go wrong .
The study shows that only 15 per cent of consumers are aware that buying from non-EU websites may attract higher taxes and charges and it comes as both the CCPC and the Revenue Commissioners have urged online @ @ @ @ @ @ @ of Brexit on purchases they make from UK websites from January 1st .
As it stands , the UK is effectively part of the EU and as a result Irish consumers do not have to pay any additional taxes or VAT when shopping on websites based there .
People also have significant protections when it comes to returns and redress if products are faulty or not as described which are enshrined in EU law .
However , all that is likely to change dramatically and quickly from the start of next year .
@ @ @ @ @ @ @ of the impact of Brexit on consumers , Ray Ryan from Revenue ’ s Customs Division outlined three charging scenarios that online shoppers should consider when buying from a UK website from January 1st .
He said that online shoppers will not face additional import charges when buying something for €22 or less including shipping , delivery , insurance and handling charges but if the value of the goods goes above that , then VAT will be payable .
He also said that consumers would have to pay customs duty and VAT if @ @ @ @ @ @ @ than €150 ( excluding shipping , delivery , insurance and handling charges ) .
Mr Ryan also explained that there are two models in place that cover payment of customs duty and VAT .
“ If the total price paid for the good or goods at time of purchase includes any customs duty and VAT due , no further import charges will arise on delivery , ” he said .
“ If this is not the case however , the carrier or postal service delivering goods bought online from outside the EU will @ @ @ @ @ @ @ amount of VAT and duties will be calculated by Customs based on the information provided .
The purchaser must pay these charges to the carrier or postal service before the goods are delivered.
” He said clothes bought on a UK-based website for €167 would end up costing €236.32 once the VAT and other charges were added to the price .
Consumers here would be liable to pay that with the additional charges collected by the delivery companies who will be allowed to withhold delivery until payments are made .
CCPC spokeswoman Doireann @ @ @ @ @ @ @ rights would no longer automatically apply when buying from a UK website post Brexit and she highlighted the need to to check where traders were located .
“ EU Consumer Protection law gives Irish consumers the right to change their mind after they receive their purchases and other strong protections when buying online .
At this point in time , these rights are also reflected in UK law , however from January consumers may find it difficult to enforce these rights in disputes with UK retailers , ” she warned .
She said @ @ @ @ @ @ @ for consumers to check out the terms and conditions on the website they are buying from .
“ Our research shows that while numbers shopping online from the UK are falling , only 1 in 10 consumers plan to pay more attention to where a website is based after Brexit.
” She stressed that she was not encouraging people not to shop from UK based websites but to be aware of the consequences of their decisions and the impact they might have on their rights .
Mr Ryan said Revenue had no estimates @ @ @ @ @ @ @ be raised next year as a result of people shopping from UK websites but 100,000 parcels delivered from countries outside of the EU last year generated about €7million for the exchequer .

Research shows that while numbers shopping online from the UK are falling, only 1 in 10 consumers plan to pay more attention to where a website is based after Brexit. Photograph: iStock
The price of some goods bought by people in Ireland from UK-based websites could increase by over 40 per cent from January 1st after post-Brexit taxes and charges are added to the list price, Revenue has warned.
Consumers will not only face substantial price increases when shopping with UK-based companies but they could also see a substantial reduction in the rights they have when it comes to returns or seeking redress in the event that products are faulty on not as described, the Competition and Consumer Protection Commission (CCPC) has said.
However in spite of the significant changes coming down the tracks, research published on Wednesday from the CCPC points to an alarmingly high percentage of Irish consumers who do not realise shopping on websites in countries outside the EU – which will soon include the UK – can lead to additional taxes and charges and a substantial reduction in rights if things go wrong.
The study shows that only 15 per cent of consumers are aware that buying from non-EU websites may attract higher taxes and charges and it comes as both the CCPC and the Revenue Commissioners have urged online shoppers to be mindful of the impact of Brexit on purchases they make from UK websites from January 1st.
READ MORE
Additional taxes
As it stands, the UK is effectively part of the EU and as a result Irish consumers do not have to pay any additional taxes or VAT when shopping on websites based there. People also have significant protections when it comes to returns and redress if products are faulty or not as described which are enshrined in EU law.
However, all that is likely to change dramatically and quickly from the start of next year.
At a briefing aimed at raising awareness of the impact of Brexit on consumers, Ray Ryan from Revenue's Customs Division outlined three charging scenarios that online shoppers should consider when buying from a UK website from January 1st.
He said that online shoppers will not face additional import charges when buying something for €22 or less including shipping, delivery, insurance and handling charges but if the value of the goods goes above that, then VAT will be payable.
He also said that consumers would have to pay customs duty and VAT if the value of the goods was more than €150 (excluding shipping, delivery, insurance and handling charges).
Mr Ryan also explained that there are two models in place that cover payment of customs duty and VAT.
“If the total price paid for the good or goods at time of purchase includes any customs duty and VAT due, no further import charges will arise on delivery,” he said.
“If this is not the case however, the carrier or postal service delivering goods bought online from outside the EU will complete the relevant custom formalities and the amount of VAT and duties will be calculated by Customs based on the information provided. The purchaser must pay these charges to the carrier or postal service before the goods are delivered.”
Other taxes
He said clothes bought on a UK-based website for €167 would end up costing €236.32 once the VAT and other charges were added to the price. Consumers here would be liable to pay that with the additional charges collected by the delivery companies who will be allowed to withhold delivery until payments are made.
CCPC spokeswoman Doireann Sweeney added that consumers’ existing EU rights would no longer automatically apply when buying from a UK website post Brexit and she highlighted the need to to check where traders were located.
“EU Consumer Protection law gives Irish consumers the right to change their mind after they receive their purchases and other strong protections when buying online. At this point in time, these rights are also reflected in UK law, however from January consumers may find it difficult to enforce these rights in disputes with UK retailers,” she warned.
She said the CCPC research pointed to a need for consumers to check out the terms and conditions on the website they are buying from.
“Our research shows that while numbers shopping online from the UK are falling, only 1 in 10 consumers plan to pay more attention to where a website is based after Brexit.”
She stressed that she was not encouraging people not to shop from UK based websites but to be aware of the consequences of their decisions and the impact they might have on their rights.
Mr Ryan said Revenue had no estimates as to how much additional tax would be raised next year as a result of people shopping from UK websites but 100,000 parcels delivered from countries outside of the EU last year generated about €7million for the exchequer.