theirishtimes--2020-09-08--Brexit: North’s pro-Remain parties write to Johnson about honouring NI Protocol

The leaders of the North ’ s pro-Remain parties have written to the UK prime minister , Boris Johnson , and the EU ’ s chief negotiator , Michel Barnier , insisting that the British government must honour its commitment to the Northern Ireland Protocol .
They were responding to a report in the Financial Times that the UK government is considering using sections of a Bill – due to be published on Wednesday – to override parts of the Brexit Withdrawal Agreement in the areas of state aid and Northern Ireland customs .
It was debated in the North @ @ @ @ @ @ @ the letter , the party leaders wrote that it was entirely unacceptable to the Northern Ireland parties that the UK government would seek to abandon these safeguards and mitigations , which we believe would amount to a serious betrayal of an existing International Treaty.
” It was signed by the SDLP leader , Colum Eastwood , Michelle O ’ Neill , Sinn Féin ’ s Northern leader and the North ’ s deputy first minister , the Alliance Party leader Naomi Long , and the leader of the Green Party in the North @ @ @ @ @ @ @ the UK government to “ ensure the rigorous implementation of the Protocol , prioritise peace and stability in Northern Ireland , and work to secure a future economic partnership with their EU colleagues now and in the weeks ahead.
” Failure to do so , they warned , would have a “ devastating ” and “ long-lasting ” economic and political impact on the entire British Isles .
It would also represent “ a shocking act of bad faith that would critically undermine the Good Friday [ Belfast ] Agreement political framework and @ @ @ @ @ @ @ ability to secure other crucial deals to protect the Northern Ireland economy.
” Summing up the reaction from pro-Remain parties , one senior source described the situation as “ potentially very dangerous territory ” in the context of the EU-UK trade negotiations due to resume Tuesday , but stressed the need for calm heads , adding : “ We have been here before.
” There was a cautious welcome from unionists – who oppose the Withdrawal Agreement because it places a customs border in the Irish Sea - though with caveats around the @ @ @ @ @ @ @ the UK government .
“ If there are attempts to deal with some aspects of the Northern Ireland Protocol then that ’ s a gain for unionists , ” the DUP ’ s Brexit spokesperson , Sammy Wilson MP , said , adding that this change of stance was “ also partly a result of the lobbying we have done to highlight the problems which this is going to cause politically [ and ] economically for Northern Ireland.
” However he also expressed reservations , saying “ the worst scenario is that this @ @ @ @ @ @ @ government to cover-up for a sell-out which they ’ re going to engage in similar to last year.
” But he said if Mr Johnson “ is playing for real this time , then I think the outcome could be very beneficial for Northern Ireland and could also be very beneficial for those of us who believe in a proper Brexit.
” The Ulster Unionist Party leader , Steve Aiken , said on Twitter he would wait for the detail but “ any moves on removing impact of Irish Sea Border will be @ @ @ @ @ @ @ and consumers .
”

The leaders of the North's pro-Remain parties have written to the UK prime minister, Boris Johnson, and the EU's chief negotiator, Michel Barnier, insisting that the British government must honour its commitment to the Northern Ireland Protocol.
They were responding to a report in the Financial Times that the UK government is considering using sections of a Bill – due to be published on Wednesday – to override parts of the Brexit Withdrawal Agreement in the areas of state aid and Northern Ireland customs. It was debated in the North’s Assembly on Monday.
In the letter, the party leaders wrote that it was entirely unacceptable to the Northern Ireland parties that the UK government would seek to abandon these safeguards and mitigations, which we believe would amount to a serious betrayal of an existing International Treaty.”
It was signed by the SDLP leader, Colum Eastwood, Michelle O'Neill, Sinn Féin's Northern leader and the North's deputy first minister, the Alliance Party leader Naomi Long, and the leader of the Green Party in the North, Clare Bailey.
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They called on the UK government to “ensure the rigorous implementation of the Protocol, prioritise peace and stability in Northern Ireland, and work to secure a future economic partnership with their EU colleagues now and in the weeks ahead.”
‘Devastating’ impact
Failure to do so, they warned, would have a “devastating” and “long-lasting” economic and political impact on the entire British Isles.
It would also represent “a shocking act of bad faith that would critically undermine the Good Friday [Belfast] Agreement political framework and peace process and the UK’s ability to secure other crucial deals to protect the Northern Ireland economy.”
Summing up the reaction from pro-Remain parties, one senior source described the situation as “potentially very dangerous territory” in the context of the EU-UK trade negotiations due to resume Tuesday, but stressed the need for calm heads, adding: “We have been here before.”
There was a cautious welcome from unionists – who oppose the Withdrawal Agreement because it places a customs border in the Irish Sea - though with caveats around the lack of detail and the fidelity of the UK government.
“If there are attempts to deal with some aspects of the Northern Ireland Protocol then that’s a gain for unionists,” the DUP’s Brexit spokesperson, Sammy Wilson MP, said, adding that this change of stance was “also partly a result of the lobbying we have done to highlight the problems which this is going to cause politically [and] economically for Northern Ireland.”
However he also expressed reservations, saying “the worst scenario is that this is simply a cynical ploy by the government to cover-up for a sell-out which they’re going to engage in similar to last year.”
But he said if Mr Johnson “is playing for real this time, then I think the outcome could be very beneficial for Northern Ireland and could also be very beneficial for those of us who believe in a proper Brexit.”
The Ulster Unionist Party leader, Steve Aiken, said on Twitter he would wait for the detail but "any moves on removing impact of Irish Sea Border will be very welcome in NI, for business and consumers."


theirishtimes--2020-09-08--SDLP says Lewis’s statement undermines UK’s international credibility

Pro-Remain parties in Northern Ireland emphasised on Tuesday that they would oppose any attempt to undermine the Brexit withdrawal agreement following the admission by the North ’ s Secretary Brandon Lewis that he expected the UK would “ break international law ” by introducing a bill which would change part of the deal .
However , the DUP – which is opposed to the deal because it effectively places a border in the Irish Sea – gave the bill a cautious welcome .
The party said , however , that it needed to see the detail of what was being @ @ @ @ @ @ @ UK government to go further .
“ I am pleased that the government is open to changes , but we will judge the legislation on its impact rather than the headlines and speculation , ” said DUP MP Sammy Wilson in a statement .
Facing questions from MPs in the House of Commons on Tuesday , Mr Lewis told MPs any breaches would be in a “ very specific and limited way ” , and would allow the UK to deliver on its commitment “ to legislate for unfettered access – something Northern @ @ @ @ @ @ @ do – and to ensure that we deliver certainty ” .
However , SDLP leader Colum Eastwood said Mr Lewis ’ s statement had both undermined the UK government ’ s international credibility and its reputation in Northern Ireland .
“ Their stock is pretty low anyway with people in the North , but I think you really lose something as a government when nobody can believe anything that you ’ re saying , and think that ’ s the scenario they ’ re in .
“ They say they want to do @ @ @ @ @ @ @ who would even enter into negotiation with them if they ’ re prepared to just rip up any agreements that they ’ ve made with people who are supposed to be their friends ?
” The SDLP , he said , would oppose the plans , adding that it was “ important to stay calm and we try to make sure there is an agreement ” on a Brexit trade deal .
The Alliance Party ’ s deputy leader , Stephen Farry , said Mr Lewis ’ s statement was an “ extraordinary @ @ @ @ @ @ @ the legislation as a “ major test ” requiring MPs to “ take a stand ” against it in parliament .
However , if the government continued to “ pursue this route I struggle to see how they ’ re going to conclude a deal with the European Union ” .
Sinn Féin also expressed its lack of confidence in Mr Lewis ’ s words , describing the British government as “ engaged in a high-wire act on Brexit ” and conspiring “ to remove the only safety net there is ” .
@ @ @ @ @ @ @ , was an “ international agreement and it must be maintained and protected in order to protect our economy and our peace agreements ” .
Ulster Unionist leader Steve Aiken said his party would wait to see the legislation before commenting .
“ For us the biggest single problem is the imposition of a border down the Irish Sea , and if there ’ s going to be anything that ’ s going to reduce the border down the Irish Sea that ’ s something for everybody in Northern Ireland to be happy @ @ @

Northern Ireland Secretary Brandon Lewis has told the House of Commons that a new bill to amend the UK-EU Brexit deal will "break international law." Video: UK Parliament TV
Pro-Remain parties in Northern Ireland emphasised on Tuesday that they would oppose any attempt to undermine the Brexit withdrawal agreement following the admission by the North's Secretary Brandon Lewis that he expected the UK would "break international law" by introducing a bill which would change part of the deal.
However, the DUP – which is opposed to the deal because it effectively places a border in the Irish Sea – gave the bill a cautious welcome. The party said, however, that it needed to see the detail of what was being proposed, and has called on the UK government to go further.
"I am pleased that the government is open to changes, but we will judge the legislation on its impact rather than the headlines and speculation," said DUP MP Sammy Wilson in a statement.
Facing questions from MPs in the House of Commons on Tuesday, Mr Lewis told MPs any breaches would be in a “very specific and limited way”, and would allow the UK to deliver on its commitment “to legislate for unfettered access – something Northern Ireland businesses have consistently asked us to do – and to ensure that we deliver certainty”.
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However, SDLP leader Colum Eastwood said Mr Lewis's statement had both undermined the UK government's international credibility and its reputation in Northern Ireland.
“Their stock is pretty low anyway with people in the North, but I think you really lose something as a government when nobody can believe anything that you’re saying, and think that’s the scenario they’re in.
“They say they want to do trade deals around the world, but who would even enter into negotiation with them if they’re prepared to just rip up any agreements that they’ve made with people who are supposed to be their friends?”
The SDLP, he said, would oppose the plans, adding that it was “important to stay calm and we try to make sure there is an agreement” on a Brexit trade deal.
Extraordinary
The Alliance Party's deputy leader, Stephen Farry, said Mr Lewis's statement was an "extraordinary state of affairs", and described the legislation as a "major test" requiring MPs to "take a stand" against it in parliament.
However, if the government continued to “pursue this route I struggle to see how they’re going to conclude a deal with the European Union”.
Sinn Féin also expressed its lack of confidence in Mr Lewis’s words, describing the British government as “engaged in a high-wire act on Brexit” and conspiring “to remove the only safety net there is”.
The withdrawal agreement, Chris Hazzard said, was an “international agreement and it must be maintained and protected in order to protect our economy and our peace agreements”.
Ulster Unionist leader Steve Aiken said his party would wait to see the legislation before commenting.
“For us the biggest single problem is the imposition of a border down the Irish Sea, and if there’s going to be anything that’s going to reduce the border down the Irish Sea that’s something for everybody in Northern Ireland to be happy about.”


theirishtimes--2020-09-08--Have private schools lost out in the calculated grades process?

The Irish Times helpdesk has received a steady stream of questions from students who are deeply disappointed with their calculated grades .
Many students are shocked to discover that , under the agreed process for assessed grades , there is no mechanism to review either the initial percentage mark awarded by their teacher , or the ranking place the teacher allocated to them within the class .
Many of these students attended high-achieving schools , among them sizable numbers who attended privately-managed grind schools .
In the case of St Kilian ’ s Deutsche Schule in Dublin , the case @ @ @ @ @ @ @ schools have been treated fairly .
While the school expected half of its students to secure a H1 in German based on past performance , just 14 per cent secured this grade under the new calculated grades process .
These claims might be easily dismissed in another school – but given its track record of excellence in German , it raise questions about whether the Department of Education ’ s standardisation process was nuanced enough to pick up these trends at individual school level .
As for many grind schools and other private @ @ @ @ @ @ @ ’ estimated grades were lowered by anywhere between 20 to 40 per cent , well in excess of the national average of 17 per cent .
The fact that the Department of Education , following a Government decision , withdrew the “ school profiling ” data relating to the previous performance of schools over the past three years from the algorithm used to determine the final grades allocated to each student may also have played a role in flattening the curve of achievement .
By contrast , it may have benefited students in @ @ @ @ @ @ @ securing high grades for their students , and thus offers of places in high points courses .
We don ’ t know yet for sure .
Of course , it may also be the case that teachers in these schools overestimated their students to an extent far higher than elsewhere and , as a result , more of their estimated grades were pulled downwards .
This controversy also raises the wider question of perception of school performances .
Students may expect stellar results from prestigious schools , but it isn ’ t always @ @ @ @ @ @ @ Irish Times provides detailed data every year on the numbers progressing to college from all schools .
Many of these schools have what appear to be 100 per cent progression rates .
However , we make it absolutely clear that these numbers can be inflated by students repeating or reapplying to college .
For statistical reasons , outside of our control , they are all included as being in the same class .
So , there can be a misperception among both parents and students that all students from prestigious schools are guaranteed @ @ @ @ @ @ @ Many do not and this is accepted .
But in the current scenario , where an algorithm is perceived to be determining the outcome , such acceptance is absent .
This may be one of the reasons why our helpline is getting so many calls from students from these backgrounds .
What seems very clear is that at this juncture – the mid-point between the publication of the assessed grades and the publication of the college offers on Friday – that there are a lot of very anxious and disappointed students and parents @ @ @ @ @ @ @ be able to provide an outcome which kept everyone happy , but the level of unhappiness among those with high expectations is very evident , and is being communicated by parents to their public representatives and possibly legal advisors .
Minister for Higher Education Simon Harris was at pains to point out that everything possible is being done to maximise the number of places available for the CAO distribution on Friday .
Whether those additional places will be enough to take the heat out of the anger and upset of the students and @ @ @ @ @ @ @ .

The Irish Times helpdesk has received a steady stream of questions from students who are deeply disappointed with their calculated grades.
Many students are shocked to discover that, under the agreed process for assessed grades, there is no mechanism to review either the initial percentage mark awarded by their teacher, or the ranking place the teacher allocated to them within the class.
Many of these students attended high-achieving schools, among them sizable numbers who attended privately-managed grind schools.
In the case of St Kilian’s Deutsche Schule in Dublin, the case raises some troubling questions over whether all schools have been treated fairly.
READ MORE
While the school expected half of its students to secure a H1 in German based on past performance, just 14 per cent secured this grade under the new calculated grades process.
These claims might be easily dismissed in another school – but given its track record of excellence in German, it raise questions about whether the Department of Education’s standardisation process was nuanced enough to pick up these trends at individual school level.
As for many grind schools and other private schools, some also claim that teachers’ estimated grades were lowered by anywhere between 20 to 40 per cent, well in excess of the national average of 17 per cent.
The fact that the Department of Education, following a Government decision , withdrew the “school profiling” data relating to the previous performance of schools over the past three years from the algorithm used to determine the final grades allocated to each student may also have played a role in flattening the curve of achievement.
By contrast, it may have benefited students in schools with less of a tradition of securing high grades for their students, and thus offers of places in high points courses. We don’t know yet for sure.
Of course, it may also be the case that teachers in these schools overestimated their students to an extent far higher than elsewhere and, as a result, more of their estimated grades were pulled downwards.
This controversy also raises the wider question of perception of school performances. Students may expect stellar results from prestigious schools, but it isn’t always the case.
For example, The Irish Times provides detailed data every year on the numbers progressing to college from all schools. Many of these schools have what appear to be 100 per cent progression rates. However, we make it absolutely clear that these numbers can be inflated by students repeating or reapplying to college. For statistical reasons, outside of our control, they are all included as being in the same class.
Many calls
(We would love to be in a position to publish the actual numbers of the current Leaving Cert class who progress to college. But under legislation, the national media is not provided with this data.)
So, there can be a misperception among both parents and students that all students from prestigious schools are guaranteed to secure high-points courses every year. Many do not and this is accepted.
But in the current scenario, where an algorithm is perceived to be determining the outcome, such acceptance is absent. This may be one of the reasons why our helpline is getting so many calls from students from these backgrounds.
What seems very clear is that at this juncture – the mid-point between the publication of the assessed grades and the publication of the college offers on Friday – that there are a lot of very anxious and disappointed students and parents.
No algorithm was ever going to be able to provide an outcome which kept everyone happy, but the level of unhappiness among those with high expectations is very evident, and is being communicated by parents to their public representatives and possibly legal advisors.
Minister for Higher Education Simon Harris was at pains to point out that everything possible is being done to maximise the number of places available for the CAO distribution on Friday.
Whether those additional places will be enough to take the heat out of the anger and upset of the students and parents involved, only time will tell.


theirishtimes--2020-09-08--Second Fáilte Ireland board member resigns after foreign holiday

A second member of Fáilte Ireland ’ s board has resigned after it emerged that she went to Spain on holidays during the summer despite the Government advising against non-essential travel to the country .
The Irish Examiner reported on Tuesday that Breege O ’ Donoghue went on holiday to her second home in Marbella , Spain for a week in July and another week in August .
Ms O ’ Donoghue is the former executive director of the Primark retail giant at its Dublin offices .
She retired from the role in 2016 .
Spain is not on the @ @ @ @ @ @ @ of countries , and current health advice urges members of the public to avoid all non-essential travel there .
Last month , the chairman of Fáilte Ireland Michael Cawley resigned from his position after it emerged he was on a family holiday in Italy at a time when the State agency was encouraging people to have staycations .
In a statement on Tuesday evening , Minister for Media , Tourism , Arts , Culture , Sport and the Gaeltacht Catherine Martin said she has accepted the resignation of Ms O ’ Donoghue following @ @ @ @ @ @ @ summer .
Ms Martin said she was aware of the “ devastating impact ” that Covid-19 restrictions have had on the tourism and hospitality sector , and she was “ disappointed ” to learn that a second member of the board had travelled abroad , “ notwithstanding Government advice ” .
“ In order to support our own industry , and in line with the prevailing Government health advice , Fáilte Ireland has been to the forefront in promoting domestic holidays , ” she said .
“ Ultimately , staying at home supports @ @ @ @ @ @ @ , showing solidarity in the face of a pandemic that is costing lives and livelihoods across Ireland and the world.
” The Minister said she rang Ms O ’ Donoghue on Tuesday evening and accepted her offer of resignation .
“ I wish to thank Ms O ’ Donoghue for her service as a member of the board of Fáilte Ireland and her important contribution to the work of promoting tourism in Ireland during this time , ” she said .
“ I have accepted her resignation as I believe it would not @ @ @ @ @ @ @ the role , given all of the circumstances.
” Ms Martin said she had arranged a meeting with the board of Fáilte Ireland “ at the earliest opportunity ” , at which , she says , she would make clear that “ members of the board are expected to show leadership during this time of unprecedented crisis in the sector which they represent ” .
In addition to her work at Primark , Ms O ’ Donoghue has held board positions with State companies including An Post and Aer Rianta and was Chairwoman @ @ @ @ @ @ @ years .
In 2016 , she was awarded the Chevalier ( Knight ) of the Ordre National de la Legion d ’ Honneur , which was presented to her by then French president Francois Hollande .

A second member of Fáilte Ireland's board has resigned after it emerged that she went to Spain on holidays during the summer despite the Government advising against non-essential travel to the country.
The Irish Examiner reported on Tuesday that Breege O'Donoghue went on holiday to her second home in Marbella, Spain for a week in July and another week in August.
Ms O’Donoghue is the former executive director of the Primark retail giant at its Dublin offices. She retired from the role in 2016.
Spain is not on the Government’s “green list” of countries, and current health advice urges members of the public to avoid all non-essential travel there.
READ MORE
Last month, the chairman of Fáilte Ireland Michael Cawley resigned from his position after it emerged he was on a family holiday in Italy at a time when the State agency was encouraging people to have staycations.
In a statement on Tuesday evening, Minister for Media, Tourism, Arts, Culture, Sport and the Gaeltacht Catherine Martin said she has accepted the resignation of Ms O'Donoghue following confirmation that she travelled abroad during the summer.
Ms Martin said she was aware of the “devastating impact” that Covid-19 restrictions have had on the tourism and hospitality sector, and she was “disappointed” to learn that a second member of the board had travelled abroad, “notwithstanding Government advice”.
"In order to support our own industry, and in line with the prevailing Government health advice, Fáilte Ireland has been to the forefront in promoting domestic holidays," she said.
“Ultimately, staying at home supports our tourism industry at a devastating time, showing solidarity in the face of a pandemic that is costing lives and livelihoods across Ireland and the world.”
The Minister said she rang Ms O’Donoghue on Tuesday evening and accepted her offer of resignation.
“I wish to thank Ms O’Donoghue for her service as a member of the board of Fáilte Ireland and her important contribution to the work of promoting tourism in Ireland during this time,” she said.
“I have accepted her resignation as I believe it would not be tenable for her to continue in the role, given all of the circumstances.”
Ms Martin said she had arranged a meeting with the board of Fáilte Ireland “at the earliest opportunity”, at which, she says, she would make clear that “members of the board are expected to show leadership during this time of unprecedented crisis in the sector which they represent”.
In addition to her work at Primark, Ms O’Donoghue has held board positions with State companies including An Post and Aer Rianta and was Chairwoman of the Labour Relations Commission for seven years.
In 2016, she was awarded the Chevalier (Knight) of the Ordre National de la Legion d’Honneur, which was presented to her by then French president Francois Hollande.


theirishtimes--2020-09-08--The old man and the alarm clock: the pub photo that went viral

He is already known as the man with the clock .
When publican Fergus McGinn took a photograph of one of his customers and put it on his Facebook page , he hadn ’ t reckoned with the interest it would generate .
The photograph shows his elderly customer drinking a pint of Guinness , his finished “ substantial ” meal in front of him .
He is staring into space .
It is the alarm clock that gets to you .
The man in question , unlike most of the rest of us , has no mobile phone or @ @ @ @ @ @ @ his alarm clock with him so he would not go over the allotted time of one hour and 45 minutes in the pub as a result of Covid-19 restrictions It was taken in McGinn ’ s Hop Store in Woodquay , Galway city on Monday evening by the pub owner with his mobile phone .
“ I only did it for our own Facebook page because I ’ m not big on social media , but it was tweeted on it gained massive coverage , ” Mr McGinn said .
“ I was @ @ @ @ @ @ @ old man in particular .
When it went viral , I thought it would upset him , but I checked with neighbours this morning .
He was chuffed.
” Mr McGinn said he didn ’ t want to name the man in question , but he is local , born and bred in Galway city and worked in what is now Galway University Hospital for nearly 50 years .
A brother was killed serving with the US army in Korea and another sister lives in the United States .
“ He was conscious @ @ @ @ @ @ @ track of it .
That was the poignant part of it .
He only had the two [ pints ] anyway , ” he said .
“ He wouldn ’ t be out too regularly .
He had some business in town .
That ’ s why he was out and about .
I ’ d hadn ’ t seen him during lockdown.
” When he was asked for his contact tracing details , the man said he had no phone , but gave his home address instead .
Mr McGinn said the @ @ @ @ @ @ @ including himself as symbolising a “ generation that missed out on all that social activity during the lockdown and that interaction with people ” .
The photograph was described as the “ Carravaggio for this age ” by the poet Rye Aker who was commissioned by Galway 2020 to record the year in poetry .
He was so taken by it that he immediately penned the poem , The Man With The Clock .
It concludes : “ But for now , there is the soft satisfaction of a bit washed down with @ @ @ @ @ @ @ Ag Teacht for the age that ’ s in it , And a clock stopped to hold the world from speeding the way it does .
”

One man and his alarm clock: A cropped version of the photo taken at McGinn’s Hop Store in Woodquay, Galway city on Monday evening. Photograph: McGinn’s Hop Store/Facebook
He is already known as the man with the clock. When publican Fergus McGinn took a photograph of one of his customers and put it on his Facebook page, he hadn't reckoned with the interest it would generate.
The photograph shows his elderly customer drinking a pint of Guinness, his finished “substantial” meal in front of him. He is staring into space.
It is the alarm clock that gets to you. The man in question, unlike most of the rest of us, has no mobile phone or watch to keep the time so brought his alarm clock with him so he would not go over the allotted time of one hour and 45 minutes in the pub as a result of Covid-19 restrictions
It was taken in McGinn's Hop Store in Woodquay, Galway city on Monday evening by the pub owner with his mobile phone.
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“I only did it for our own Facebook page because I’m not big on social media, but it was tweeted on it gained massive coverage,” Mr McGinn said.
“I was scared about it at first for the old man in particular. When it went viral, I thought it would upset him, but I checked with neighbours this morning. He was chuffed.”
Mr McGinn said he didn’t want to name the man in question, but he is local, born and bred in Galway city and worked in what is now Galway University Hospital for nearly 50 years. The identity of the man has since been confirmed as John Joe Quinn from Bohermore, Galway city.
A brother was killed serving with the US army in Korea and another sister lives in the United States.
“He was conscious of the time and wanted to keep track of it. That was the poignant part of it. He only had the two [pints] anyway,” he said.
“He wouldn’t be out too regularly. He had some business in town. That’s why he was out and about. I’d hadn’t seen him during lockdown.”
When he was asked for his contact tracing details, the man said he had no phone, but gave his home address instead.
Mr McGinn said the photograph has been interpreted by many people including himself as symbolising a “generation that missed out on all that social activity during the lockdown and that interaction with people”.
The photograph was described as the "Carravaggio for this age" by the poet Rye Aker who was commissioned by Galway 2020 to record the year in poetry.
He was so taken by it that he immediately penned the poem, The Man With The Clock.
It concludes: "But for now, there is the soft satisfaction of a bit washed down with a fine pint. A Ta Siad Ag Teacht for the age that's in it, And a clock stopped to hold the world from speeding the way it does."


theirishtimes--2020-09-08--Hogan says he was subjected to ‘full-scale attack’ by Taoiseach and Tánaiste

Former European commissioner Phil Hogan has said he was left with “ no option ” but to resign because he was subjected to a “ full-scale attack ” by Taoiseach Micheál Martin and Tánaiste Leo Varadkar , Insisting he had not “ broken any law ” , the former trade commissioner said : “ I didn ’ t get due process , unlike others .
I am very disappointed that there was a huge effort concentrated on my resignation .
“ I always feel like Irish people expect due process in the right forum .
I didn ’ t get @ @ @ @ @ @ @ that chance , ” he told the Kilkenny People “ The Government had a full-scale attack on my compliance or otherwise , ” said Mr Hogan , adding that he was left with “ no option but to resign because of the huge pressure ” from Mr Martin , Mr Varadkar and the media .
“ My life in public service after 38 years has come to an end .
I am going to take some time out and reflect on what to do next , ” he said , adding that he @ @ @ @ @ @ @ while he considers his future .

Phil Hogan: “I am going to take some time out and reflect on what to do next.” Photograph: Getty Images
Former European commissioner Phil Hogan has said he was left with "no option" but to resign because he was subjected to a "full-scale attack" by Taoiseach Micheál Martin and Tánaiste Leo Varadkar,
Insisting he had not “broken any law”, the former trade commissioner said: “I didn’t get due process, unlike others. I am very disappointed that there was a huge effort concentrated on my resignation.
“I always feel like Irish people expect due process in the right forum. I didn’t get that. I wasn’t given that chance,” he told the Kilkenny People
“The Government had a full-scale attack on my compliance or otherwise,” said Mr Hogan, adding that he was left with “no option but to resign because of the huge pressure” from Mr Martin, Mr Varadkar and the media.
READ MORE
"My life in public service after 38 years has come to an end. I am going to take some time out and reflect on what to do next," he said, adding that he would continue to base himself in Brussels while he considers his future.


theirishtimes--2020-09-08--Leaving Cert: South Dublin school says students downgraded due to ‘warped bias’

A south Dublin secondary school is seeking an investigation into how its Leaving Cert results were calculated after it received significantly fewer top grades than it expected .
St Kilian ’ s Deutsche Schule in Clonskeagh is a private school which specialises in the teaching of German and has many children who are native speakers or have spent significant periods of time in Germany .
While it expected half of its students to secure a H1 in German based on past performance , just 14 per cent secured this grade under the calculated grades process .
In a letter to @ @ @ @ @ @ @ Alice Lynch expressed the school ’ s “ deep concern ” at the “ very flawed process ” applied to the calculation of grades in German at higher level for the school .
“ The results we have received bear no relationship to the ability , past performance or calculated mark awarded to the students from this school , ” she stated .
“ I want this investigated as it can not be justified in any context given the nature of the school curriculum , students ’ performances in German language exams from @ @ @ @ @ @ @ in the Leaving Certificate German exams every year .
“ The students in St Kilian ’ s have been seriously disadvantaged because of a warped bias based on the outcry in the UK .
Where is the justice here ?
How is this wrong to be righted ?
” A number of other private or grind schools have said privately that their teachers ’ estimated grades were lowered by anywhere between 20 to 40 per cent , well in excess of the national average of 17 per cent .
One source said the @ @ @ @ @ @ @ ” from the department ’ s standardisation process may have ended up harming high-achieving schools .
The Department of Education , however , said the calculated grades process was “ blind ” and there is no evidence of bias towards any school type .
On the issue of St Kilian ’ s , a spokeswoman for the Department of Education said on Tuesday evening it had received the letter and would respond in due course .
Ms Lynch said that in some case , students at St Kilian ’ s who were awarded @ @ @ @ @ @ @ given “ two entirely different grades ” , with a deviation of two grade levels .
In another case , she said “ mother tongue ” students were downgraded from a H1 to H2 or , in some cases , a H3 .
Ms Lynch said students in the school who achieved high grades in the German Sprachdiplom exams – considered far more challenging than the Leaving Cert – would have expected to achieve H1 grades .
However , many ended up being awarded H2 or H3 marks .
“ These pupils have @ @ @ @ @ @ @ at a German university , ” she wrote .
“ Please explain to me the fairness of an algorithm that can get things so utterly wrong.
” Overall , teachers at the school estimated that their students would secure 19 H1 marks , based on their past performance .
However , only six achieved H1s .
In total , Ms Lynch said 24 pupils were downgraded from their calculated mark in German by a single grade .
A further eight pupils were downgraded by two grade levels .
Only nine pupils were awarded @ @ @ @ @ @ @ ’ estimates , she added .
Meanwhile , Minister for Higher Education Simon Harris said he has secured a further 500 additional higher education places in a bid to ease points pressure when CAO results are released on Friday .
This bring the total number of additional higher education places this year - including those due to meet demographic growth - to about 5,000 or 10 per cent of total college places for first year students .
There has been growing concern over the impact of grade inflation on college applicants this year @ @ @ @ @ @ @ .
Thousands of these students argue that their results will be devalued and that they will miss out on college places as a result .

A south Dublin secondary school is seeking an investigation into how its Leaving Cert results were calculated after it received significantly fewer top grades than it expected.
St Kilian's Deutsche Schule in Clonskeagh is a private school which specialises in the teaching of German and has many children who are native speakers or have spent significant periods of time in Germany.
While it expected half of its students to secure a H1 in German based on past performance, just 14 per cent secured this grade under the calculated grades process.
In a letter to the Department of Education, school principal Alice Lynch expressed the school's "deep concern" at the "very flawed process" applied to the calculation of grades in German at higher level for the school.
READ MORE
“The results we have received bear no relationship to the ability, past performance or calculated mark awarded to the students from this school,” she stated.
“I want this investigated as it cannot be justified in any context given the nature of the school curriculum, students’ performances in German language exams from Germany and the performance of the school in the Leaving Certificate German exams every year.
“The students in St Kilian’s have been seriously disadvantaged because of a warped bias based on the outcry in the UK. Where is the justice here? How is this wrong to be righted?”
‘Entirely different grades’
A number of other private or grind schools have said privately that their teachers’ estimated grades were lowered by anywhere between 20 to 40 per cent, well in excess of the national average of 17 per cent.
One source said the decision to take out “school profiling” from the department’s standardisation process may have ended up harming high-achieving schools.
The Department of Education, however, said the calculated grades process was “blind” and there is no evidence of bias towards any school type.
On the issue of St Kilian’s, a spokeswoman for the Department of Education said on Tuesday evening it had received the letter and would respond in due course.
Ms Lynch said that in some case, students at St Kilian’s who were awarded the same estimated mark by teachers were given “two entirely different grades”, with a deviation of two grade levels.
In another case, she said “mother tongue” students were downgraded from a H1 to H2 or, in some cases, a H3.
Ms Lynch said students in the school who achieved high grades in the German Sprachdiplom exams – considered far more challenging than the Leaving Cert – would have expected to achieve H1 grades. However, many ended up being awarded H2 or H3 marks.
“These pupils have reached the language proficiency level to study at a German university,” she wrote. “Please explain to me the fairness of an algorithm that can get things so utterly wrong.”
Overall, teachers at the school estimated that their students would secure 19 H1 marks, based on their past performance. However, only six achieved H1s.
In total, Ms Lynch said 24 pupils were downgraded from their calculated mark in German by a single grade. A further eight pupils were downgraded by two grade levels. Only nine pupils were awarded a grade in line with their teachers’ estimates, she added.
Meanwhile, Minister for Higher Education Simon Harris said he has secured a further 500 additional higher education places in a bid to ease points pressure when CAO results are released on Friday.
This bring the total number of additional higher education places this year - including those due to meet demographic growth - to about 5,000 or 10 per cent of total college places for first year students.
There has been growing concern over the impact of grade inflation on college applicants this year who are using results from previous years. Thousands of these students argue that their results will be devalued and that they will miss out on college places as a result.


theirishtimes--2020-09-08--Be more vigilant on social distancing, archbishop tells parishes

Observance of social distancing restrictions had become lax in Catholic parishes and must be tightened up due the growing number of Covid-19 cases in greater Dublin , Catholic Archbishop Diarmuid Martin has said .
In a statement issued to all 197 of Dublin ’ s Catholic parishes on Tuesday evening , he said indications were “ that social distancing in some cases has become loose , especially before and after liturgical ceremonies .
I know that the public health authorities have contacted several bishops concerned about breaches of social distancing , ” he said .
“ I have seen some @ @ @ @ @ @ @ some parishes have published photos on parish websites that indicate poor practice .
I would ask all parishes to examine carefully how they can foster staggered exiting from churches and prevent gatherings at church entrances , ” he said .
“ In addition , I would remind parishes that the norms which permit gatherings of up to 50 people or ‘ pods ’ of 50 people in church buildings applies to religious services alone .
For any other gatherings such as meetings or concerts , the limit is six people.
” Acting Chief @ @ @ @ @ @ @ drawn attention to the worrying increase in people contracting the coronavirus in the greater Dublin area .
He addressed an urgent appeal for strict observance of all the hygiene measures that are needed at this moment , ” the Archbishop said .
“ It is important that our parishes and churches give good example and that we remind people of our common responsibility to prevent the spreading of the virus.
” In the main , parishes , he said “ have been scrupulous in respecting the current norms .
Stewarding has been correct @ @ @ @ @ @ @ have not been great but there has been a slow increase as people begin to overcome initial fears .
“ First communions and confirmations have taken place in small groups and I have heard many positive comments on the prayerful atmosphere of these celebrations.
” The Archbishop noted also that there was “ a growing awareness internationally that ‘ visors ’ provide less protection than face masks .
While the current public health norms permit the use of ‘ visors ’ , where there are health reasons for not wearing face masks , @ @ @ @ @ @ @ happy that for the most part Churches are exemplary in their respect for the norms .
The growing number of cases in the greater Dublin area would urge us to be particularly vigilant at this moment .
”

Observance of social distancing restrictions had become lax in Catholic parishes and must be tightened up due the growing number of Covid-19 cases in greater Dublin, Catholic Archbishop Diarmuid Martin has said.
In a statement issued to all 197 of Dublin’s Catholic parishes on Tuesday evening, he said indications were “that social distancing in some cases has become loose, especially before and after liturgical ceremonies. I know that the public health authorities have contacted several bishops concerned about breaches of social distancing,” he said.
“I have seen some examples in our Dublin churches and indeed some parishes have published photos on parish websites that indicate poor practice. I would ask all parishes to examine carefully how they can foster staggered exiting from churches and prevent gatherings at church entrances,” he said.
“In addition, I would remind parishes that the norms which permit gatherings of up to 50 people or ‘pods’ of 50 people in church buildings applies to religious services alone. For any other gatherings such as meetings or concerts, the limit is six people.”
READ MORE
Acting Chief Medical Officer Dr Ronan Glynn had "drawn attention to the worrying increase in people contracting the coronavirus in the greater Dublin area. He addressed an urgent appeal for strict observance of all the hygiene measures that are needed at this moment," the Archbishop said.
“It is important that our parishes and churches give good example and that we remind people of our common responsibility to prevent the spreading of the virus.”
In the main, parishes, he said “have been scrupulous in respecting the current norms. Stewarding has been correct without being offensively martial. Numbers attending have not been great but there has been a slow increase as people begin to overcome initial fears.
“First communions and confirmations have taken place in small groups and I have heard many positive comments on the prayerful atmosphere of these celebrations.”
The Archbishop noted also that there was “a growing awareness internationally that ‘visors’ provide less protection than face masks. While the current public health norms permit the use of ‘visors’, where there are health reasons for not wearing face masks, prudence is advised.”
He was “happy that for the most part Churches are exemplary in their respect for the norms. The growing number of cases in the greater Dublin area would urge us to be particularly vigilant at this moment.”


theirishtimes--2020-09-08--Man (70) dies after crash with lorry on M50 motorway

A 70-year-old man has died following a fatal road traffic collision between a car and a lorry on the M50 motorway on Tuesday afternoon .
Emergency services attended the scene of a fatal road traffic collision on the M50 southbound between junction 12 Firhouse and junction 13 Ballinteer , which occurred at approximately 2.50pm .
A male driver was pronounced dead and forensic collision investigators went to the scene .
The lorry driver was uninjured .
One lane of traffic remains currently closed southbound , as a result of the collision .
According to AA Roadwatch , there were “ @ @ @ @ @ @ @ approaching the serious collision between J12 Firhouse and J13 Ballinteer .
Southbound traffic was backed up to junction nine at Red Cow – an 8km queue – and northbound traffic remains heavy at junction 13 Sandyford .
The traffic and road monitor had advised commuters to “ take care on this stretch ” of road on Tuesday evening .
There were also delays on some surrounding routes as a result of the collision , AA Roadwatch said , especially approaching Ballyboden on the Ballyroan Rd and Ballyboden Rd , which is also backing @ @ @ @ @ @ @ .
Dublin Fire Brigade advised commuters to avoid the area , if possible , and to use alternative routes .
“ Severe delays on M50 J12 Firhouse - J13 Ballinteer Southbound as we attend a serious collision .
One lane currently closed .
Avoid if possible , ” they said in a tweet .
Gardaí are appealing for witnesses to come forward with camera footage and contact Rathfarnham Garda Station 01 666 6500 , the Garda Confidential Line 1800 666 111 or any Garda station .

Heavy southbound traffic on Dublin’s M50 after a fatal accident on Tuesday afternoon. Photograph: Alan Betson
A 70-year-old man has died following a fatal road traffic collision between a car and a lorry on the M50 motorway on Tuesday afternoon.
Emergency services attended the scene of a fatal road traffic collision on the M50 southbound between junction 12 Firhouse and junction 13 Ballinteer, which occurred at approximately 2.50pm.
A male driver was pronounced dead and forensic collision investigators went to the scene. The lorry driver was uninjured.
One lane of traffic remains currently closed southbound, as a result of the collision.
READ MORE
According to AA Roadwatch, there were “very long queues” in both directions approaching the serious collision between J12 Firhouse and J13 Ballinteer.
Southbound traffic was backed up to junction nine at Red Cow – an 8km queue – and northbound traffic remains heavy at junction 13 Sandyford.
The traffic and road monitor had advised commuters to “take care on this stretch” of road on Tuesday evening.
There were also delays on some surrounding routes as a result of the collision, AA Roadwatch said, especially approaching Ballyboden on the Ballyroan Rd and Ballyboden Rd, which is also backing up traffic on Butterfield Avenue from Rathfarnham.
Dublin Fire Brigade advised commuters to avoid the area, if possible, and to use alternative routes.
“Severe delays on M50 J12 Firhouse - J13 Ballinteer Southbound as we attend a serious collision. One lane currently closed. Avoid if possible,” they said in a tweet.
Gardaí are appealing for witnesses to come forward with camera footage and contact Rathfarnham Garda Station 01 666 6500, the Garda Confidential Line 1800 666 111 or any Garda station.


theirishtimes--2020-09-08--Inquiry into alleged staff abuse of vulnerable patients in NI hospital

A public inquiry is to be held into allegations of abuse of vulnerable patients by staff at a hospital near Antrim .
The North ’ s health minister , Robin Swann , told the Assembly on Tuesday that he was ordering a statutory public inquiry into Muckamore Abbey Hospital .
The hospital provides treatment for people with severe learning disabilities and mental health needs .
Last year , the Police Service of Northern Ireland ( PSNI ) said it was investigating 1,500 cases of alleged physical and mental abuse of vulnerable adult patients in one ward at the hospital .
@ @ @ @ @ @ @ total of eight people have been arrested , the most recent on Monday , when a 57-year-old woman was detained in the Antrim area .
Announcing the inquiry , Mr Swann said he could not “ find words to adequately describe the scale of this betrayal of trust , this scandal.
” He said he wanted to apologise again on behalf of the Health and Social Care system “ to patients and families who have been let down by failure to protect patients from abuse .
“ But families want more than apologies @ @ @ @ @ @ @ answers as to why this happened and how it was allowed to happen - and I hope that the public inquiry I have announced today will give them those answers , ” he said .
“ This abuse should never have happened and I will do all that I can to make sure it never happens again.
” The public health expert Dr Gabriel Scally , who campaigned for a public inquiry , told the BBC that the number of potential cases of abuse at Muckamore was greater “ than I ’ ve @ @ @ @ @ @ @ investigation should be “ rapid , it should be thorough , it should be fearless and it should tell the truth and it should apologise .
It should absolutely make sure that all those involved receive a full and frank apology and it should never ever happen again.
” The inquiry was welcomed by all of the political parties in the Northern Executive .

Health Minister Robin Swann: said he could not ‘find words to adequately describe the scale of this betrayal of trust, this scandal.’ Photograph: Matt Mackey/PA Wire
A public inquiry is to be held into allegations of abuse of vulnerable patients by staff at a hospital near Antrim.
The North's health minister, Robin Swann, told the Assembly on Tuesday that he was ordering a statutory public inquiry into Muckamore Abbey Hospital.
The hospital provides treatment for people with severe learning disabilities and mental health needs.
Last year, the Police Service of Northern Ireland (PSNI) said it was investigating 1,500 cases of alleged physical and mental abuse of vulnerable adult patients in one ward at the hospital.
READ MORE
A police investigation is ongoing and a total of eight people have been arrested, the most recent on Monday, when a 57-year-old woman was detained in the Antrim area.
Announcing the inquiry, Mr Swann said he could not “find words to adequately describe the scale of this betrayal of trust, this scandal.”
He said he wanted to apologise again on behalf of the Health and Social Care system “to patients and families who have been let down by failure to protect patients from abuse.
“But families want more than apologies. They want and need and deserve answers as to why this happened and how it was allowed to happen - and I hope that the public inquiry I have announced today will give them those answers,” he said.
“This abuse should never have happened and I will do all that I can to make sure it never happens again.”
The public health expert Dr Gabriel Scally, who campaigned for a public inquiry, told the BBC that the number of potential cases of abuse at Muckamore was greater "than I've ever come across."
He said the investigation should be “rapid, it should be thorough, it should be fearless and it should tell the truth and it should apologise. It should absolutely make sure that all those involved receive a full and frank apology and it should never ever happen again.”
The inquiry was welcomed by all of the political parties in the Northern Executive.


theirishtimes--2020-09-08--Q&A: How will ‘wet’ pubs operate from September 21st

On Tuesday , Cabinet gave the green light for all so-called “ wet pubs ” ( pubs which do not serve food ) to reopen from September 21st , seven months after they first shut due to the Covid-19 pandemic .
What rules will the reopened pubs operate under ?
They will operate under guidelines drawn up by Fáilte Ireland which designate pubs as “ controlled environments ” and therefore subject to strict restrictions .
Most of the requirements already apply to restaurants and food-serving pubs which were permitted to open in June .
However there are some new restrictions @ @ @ @ @ @ @ distancing .
Will there be time limits for drinkers ?
There will be two different standards in operation .
In pubs which can only maintain one metre distancing between tables , customers will be allowed stay for a maximum of 105 minutes with 15-minute gaps in between each sitting to allow for cleaning .
These pubs must also put in various other additional mitigation measures .
There is no time limit for pubs which can provide two metre physical distancing between tables .
Closing times for all pubs will be set at 11.30pm @ @ @ @ @ @ @ up time is a thing of the past ; the guidelines state “ all customers leave the property by 11.30pm.
” How many people will be able to gather ?
These are similar to the guidelines for having people in your house .
No more than six people can be seated at a table and those people can be from no more than three households .
This applies to customers who book ahead and to walk-ins .
If there is a queue for a table , only one member of the party should @ @ @ @ @ @ @ also allow for one-metre physical distancing between members of different households sitting at the same table .
There is no requirement for distancing between members of the same household .
What does it mean for pubs that serve food ?
Pubs which serve food will operate under the new regulations from September 21st .
In effect little will change for them , except that they no longer have to serve a €9 meal to customers wishing to have a drink .
They will also no longer have to retain customer receipts for 28 @ @ @ @ @ @ @ during that period , a requirement which caused significant consternation when it was announced last week .
What else do the guidelines say ?
The guidelines contain prescriptive advice on certain items , including that straws should be individually wrapped , and the document warns that “ embellishment or decoration of glasses [ such as cocktail umbrellas ] should be minimised ” .
Garnishes must be refrigerated and covered , and served using a tongs or a scoop that “ must have its own receptacle ” .
Fresh glasses are to be used @ @ @ @ @ @ @ must handle ... by the stem or base ” .
Crucially , the bar counter can not be used to seat customers and all orders must be taken at the table by staff .
Will all pubs open on the same date ?
That remains to be seen .
Given the ban on bar counter seating , some small pubs may not be able to guarantee even one metre physical distancing between customers .
Many pubs will also have to invest in training and protective equipment for staff , a significant outlay for @ @ @ @ @ @ @ .
The new guidelines will represent a “ huge restriction ” on normal ways of doing business , said Donal O ’ Keeffe , chief executive of the Licensed Vintners Association .
“ Not being able to use the bar is a very significant restriction for wet pubs and having table service only changes the dynamic.
” He raised concerns about the costs of compliance against a backdrop of greatly reduced turnover in pubs that reopen , and said he felt further financial supports for the sector would be “ inevitable.
” Could @ @ @ @ @ @ @ if Covid-19 cases spike ?
Yes .
With concerning spikes in Covid-19 cases in Dublin and Limerick , the prospect of further regional lockdowns is a strong possibility .
These would likely be very similar to the lockdowns imposed on Kildare , Laois and Offaly where all premises serving food and drink were closed to the public and could offer takeaway only .
“ There is a particular concern highlighted by NPHET , in relation to Dublin and Limerick at the moment where we see a significant spike in cases , ” Minister @ @ @ @ @ @ @ He warned “ public health advice and the epidemiology of the virus at any time ” will always supersede the decision to reopen pubs .

Given the ban on bar counter seating, some small pubs may not be able to guarantee even one metre physical distancing between customers. Photograph: Dara Mac Dónaill
On Tuesday, Cabinet gave the green light for all so-called “wet pubs” (pubs which do not serve food) to reopen from September 21st, seven months after they first shut due to the Covid-19 pandemic.
What rules will the reopened pubs operate under?
They will operate under guidelines drawn up by Fáilte Ireland which designate pubs as "controlled environments" and therefore subject to strict restrictions. Most of the requirements already apply to restaurants and food-serving pubs which were permitted to open in June. However there are some new restrictions, particularly in the area of social distancing.
Will there be time limits for drinkers?
There will be two different standards in operation. In pubs which can only maintain one metre distancing between tables, customers will be allowed stay for a maximum of 105 minutes with 15-minute gaps in between each sitting to allow for cleaning. These pubs must also put in various other additional mitigation measures.
There is no time limit for pubs which can provide two metre physical distancing between tables. Closing times for all pubs will be set at 11.30pm, seven days a week. Drinking up time is a thing of the past; the guidelines state “all customers leave the property by 11.30pm.”
READ MORE
How many people will be able to gather?
These are similar to the guidelines for having people in your house. No more than six people can be seated at a table and those people can be from no more than three households. This applies to customers who book ahead and to walk-ins. If there is a queue for a table, only one member of the party should stand in the queue.
Pubs should also allow for one-metre physical distancing between members of different households sitting at the same table. There is no requirement for distancing between members of the same household.
What does it mean for pubs that serve food?
Pubs which serve food will operate under the new regulations from September 21st. In effect little will change for them, except that they no longer have to serve a €9 meal to customers wishing to have a drink. They will also no longer have to retain customer receipts for 28 days and make them available to gardaí during that period, a requirement which caused significant consternation when it was announced last week.
What else do the guidelines say?
The guidelines contain prescriptive advice on certain items, including that straws should be individually wrapped, and the document warns that "embellishment or decoration of glasses [such as cocktail umbrellas] should be minimised". Garnishes must be refrigerated and covered, and served using a tongs or a scoop that "must have its own receptacle". Fresh glasses are to be used for each drink, which staff "must handle ... by the stem or base".
Crucially, the bar counter cannot be used to seat customers and all orders must be taken at the table by staff.
Will all pubs open on the same date?
That remains to be seen. Given the ban on bar counter seating, some small pubs may not be able to guarantee even one metre physical distancing between customers. Many pubs will also have to invest in training and protective equipment for staff, a significant outlay for businesses which have not operated since March.
The new guidelines will represent a "huge restriction" on normal ways of doing business, said Donal O'Keeffe, chief executive of the Licensed Vintners Association. "Not being able to use the bar is a very significant restriction for wet pubs and having table service only changes the dynamic."
He raised concerns about the costs of compliance against a backdrop of greatly reduced turnover in pubs that reopen, and said he felt further financial supports for the sector would be “inevitable.”
Could some pubs be closed on regional basis if Covid-19 cases spike?
Yes. With concerning spikes in Covid-19 cases in Dublin and Limerick, the prospect of further regional lockdowns is a strong possibility. These would likely be very similar to the lockdowns imposed on Kildare, Laois and Offaly where all premises serving food and drink were closed to the public and could offer takeaway only.
"There is a particular concern highlighted by NPHET, in relation to Dublin and Limerick at the moment where we see a significant spike in cases," Minister for Higher Education Simon Harris said. He warned "public health advice and the epidemiology of the virus at any time" will always supersede the decision to reopen pubs.


theirishtimes--2020-09-08--Bid to save south Dublin nursing home and disability centre begins

Residents and employees of a south Dublin nursing home and disability centre have brought a High Court application aimed at preventing its closure .
Last July , the court appointed provisional liquidators to St Mary ’ s Centre ( Telford ) which operates facilities on a campus beside St Vincent ’ s Hospital on Merrion Road .
The application to wind up the facility , owned by the Sisters of Charity , was brought by the firm on grounds it would be unable to meet redundancy payments of €950,000 arising from the liquidation .
The firm also cited regulatory difficulties @ @ @ @ @ @ @ recommendations to modernise its facilities .
When the matter returned before the court on Tuesday , lawyers for a group of employees , former employees , residents and their families asked the court to consider putting the company into examinership .
Mr Justice Mark Sanfey , who said the court ’ s priority is the health and well-being of the residents , fixed a hearing date later this month for the examinership application .
It will be heard in the presence of all interested parties and in tandem with the application to confirm @ @ @ @ @ @ @ said .
John Kennedy SC , instructed by solicitor Gary Daly , for the residents and employees , said an independent expert had provided a report expressing the view the company could survive as a going concern if certain steps were taken .
Those include appointing an examiner to “ test the waters ” to see if an investor can be found to operate the facility , counsel said .
The facility , in being for 150 years , had always made a profit and had no debts , he said .
Counsel @ @ @ @ @ @ @ , some are deemed legally blind and some have been there for 60 years .
The examinership application could not have been brought any sooner due to the difficulty in taking instructions from some residents , he said .
Examinership was opposed by the company , represented by Rossa Fanning SC , and the provisional liquidators , represented by Ross Gorman BL .
As well as licencing issues with the Health Information and Quality Authority ( Hiqa ) , insurance coverage would cease at the end of the month and senior management had @ @ @ @ @ @ @ court was told .
The company directors , all volunteers , are not prepared to get involved in the company , the court also heard .
Mr Fanning said the examinership application was “ misconceived ” and it was “ unrealistic ” to believe the entity could be saved .
While the group was entitled to seek to put the company in examinership , the fact is the provisional liquidators had been in place for almost seven weeks .
Mr Gorman said many of the residents have been relocated to other facilities .
@ @ @ @ @ @ @ capacity of 50 , remain in the nursing home while 18 of the 25 residents remain in the disability centre .
The examinership application was not opposed by the HSE , represented by Conor Dignam SC , or Hiqa represented by Brian Gageby Bl .
Both counsel said their clients ’ main focus in any proceedings regarding the company was the residents ’ welfare .
Mr Dignam said the HSE remains committed to provi ding the facility with the same level of funding it always had .
In adjourning the matter , Mr @ @ @ @ @ @ @ put a stay on certain powers previously granted to the provisional liquidators including to sell the firm ’ s assets or its leasehold over the property .
He encouraged the parties to engage in informal talks to see if they can reach some common ground before the case returns to court .

Campaigners against the closure of St Mary’s nursing home and disability centre protest outside the Four Courts on Tuesday. Photograph: Aodhan O Faolain
Residents and employees of a south Dublin nursing home and disability centre have brought a High Court application aimed at preventing its closure.
Last July, the court appointed provisional liquidators to St Mary’s Centre (Telford) which operates facilities on a campus beside St Vincent’s Hospital on Merrion Road.
The application to wind up the facility, owned by the Sisters of Charity, was brought by the firm on grounds it would be unable to meet redundancy payments of €950,000 arising from the liquidation.
The firm also cited regulatory difficulties and an inability to comply with Hiqa recommendations to modernise its facilities.
READ MORE
When the matter returned before the court on Tuesday, lawyers for a group of employees, former employees, residents and their families asked the court to consider putting the company into examinership.
Mr Justice Mark Sanfey, who said the court's priority is the health and well-being of the residents, fixed a hearing date later this month for the examinership application.
It will be heard in the presence of all interested parties and in tandem with the application to confirm the liquidator’s appointment, he said.
John Kennedy SC, instructed by solicitor Gary Daly, for the residents and employees, said an independent expert had provided a report expressing the view the company could survive as a going concern if certain steps were taken.
Those include appointing an examiner to “test the waters” to see if an investor can be found to operate the facility, counsel said. The facility, in being for 150 years, had always made a profit and had no debts, he said.
Counsel said many of the residents are vulnerable, some are deemed legally blind and some have been there for 60 years.
The examinership application could not have been brought any sooner due to the difficulty in taking instructions from some residents, he said.
Examinership was opposed by the company, represented by Rossa Fanning SC, and the provisional liquidators, represented by Ross Gorman BL.
As well as licencing issues with the Health Information and Quality Authority (Hiqa), insurance coverage would cease at the end of the month and senior management had all resigned some time ago, the court was told.
The company directors, all volunteers, are not prepared to get involved in the company, the court also heard.
Mr Fanning said the examinership application was “misconceived” and it was “unrealistic” to believe the entity could be saved.
While the group was entitled to seek to put the company in examinership, the fact is the provisional liquidators had been in place for almost seven weeks.
Mr Gorman said many of the residents have been relocated to other facilities. Four residents, out of a maximum capacity of 50, remain in the nursing home while 18 of the 25 residents remain in the disability centre.
The examinership application was not opposed by the HSE, represented by Conor Dignam SC, or Hiqa represented by Brian Gageby Bl.
Both counsel said their clients’ main focus in any proceedings regarding the company was the residents’ welfare.
Mr Dignam said the HSE remains committed to provi ding the facility with the same level of funding it always had.
In adjourning the matter, Mr Justice Sanfey said he was satisfied to put a stay on certain powers previously granted to the provisional liquidators including to sell the firm’s assets or its leasehold over the property.
He encouraged the parties to engage in informal talks to see if they can reach some common ground before the case returns to court.


theirishtimes--2020-09-08--Publicans, wary of ‘wet pub’ reopening date, seek financial supports

Just as the Government was cementing a date to reopen pubs , a nearby group of frustrated owners gathered at Merrion Square to march on the Dáil and demand “ fair play ” .
Like most of them , Tipperary based organiser TJ McInerney seemed nonplussed by the new date - his attention has shifted to a battle for financial supports , for survival even after the doors creak back open .
“ I never signed up to go bankrupt , ” he said , and listed off a “ suite of solutions ” that would include cuts in VAT @ @ @ @ @ @ @ out his concerns , another publican walked past to tell him the Government had agreed on September 21st .
“ I have already got the two road maps on reopening and nothing happened .
I won ’ t be buying stock on the basis of that date , ” he said in response .
“ I have to hear it from the Minister and I have to be guaranteed .
It ’ s actually the fourth time I have been told.
” The group marched to the Dáil where they were met by @ @ @ @ @ @ @ their demands for financial help and a viable future .
The Irish pub will be much altered in the months ahead - less people , no bar service .
The common concern voiced at the protest is the ability to survive in a public-facing industry crippled by Covid-19 restrictions .
In matching GAA shirts , Ronan and Lorraine Gibbons travelled from Shrule on the Mayo-Galway border where their small bar caters for a very local clientele .
“ My pub would be the first pub in Mayo or the last , depending on @ @ @ @ @ @ @ said Ronan , who set out their rural credentials - you will never get much more than 10 or 12 people in TJ Gibbons at any one time .
“ I am here today because I don ’ t want to be on the dole .
I want to get my pub open and get a bit of fair play , ” he said .
“ It ’ s rural Ireland ; it ’ s rural Ireland.
” Simon Varley is only 25 and while he runs the family pub in Headford , @ @ @ @ @ @ @ be the fourth generation proprietor one day .
He has been pulling pints since he was 15 .
“ It ’ s all I have ever known , ” he said .
He joined the march to fight for the future he always assumed he would have .
“ It [ Covid ] is scuppering the whole thing .
All I want to do is keep it going , keep the family business going , ” he said .
“ It ’ s really the last chance now at this stage .
If @ @ @ @ @ @ @ and many other rural businesses are finished .
Publicans have been take for a ride.
” Many at the march described premises of a typical size - accommodating about 100 people pre-Covid .
With the new regulations , that will be cut to about 35 in most cases .
“ We are really going to need a lot of help going forward , ” said Jackie O ’ Brien , the fourth generation of O ’ Brien ’ s in Tipperary Town .
His father Eamon , aged in his early 80s , @ @ @ @ @ @ @ bar for good .
“ Thirty per cent of the business is what it ’ s looking like [ with the new guidelines ] and we will have 100 per cent of the bills.
” Donal O ’ Keeffe , chief executive of Dublin ’ s Licensed Vintners Association , welcomed the Government move but said that by the time the last pubs open , they will have been shut for 189 days .
“ It will not be business as usual , ” he said , “ the new guidelines put a @ @ @ @ @ @ @ they will really challenge our commercial viability.
” Drinks Ireland , the suppliers ’ organisation , said it would work with publicans to supply stock and to clean beer lines .
Its new campaign , # OpeningTime , will highlight the importance of getting pubs open safely and sustainably , it said .

Publicans gathered outside the Dáil on Tuesday to protest repeated delays in reopening "wet" pubs, which are now due to reopen on September 21st. Pub owners described the impact closures have had on communities and called for support from Government.
Just as the Government was cementing a date to reopen pubs, a nearby group of frustrated owners gathered at Merrion Square to march on the Dáil and demand “fair play”.
Like most of them, Tipperary based organiser TJ McInerney seemed nonplussed by the new date - his attention has shifted to a battle for financial supports, for survival even after the doors creak back open.
“I never signed up to go bankrupt,” he said, and listed off a “suite of solutions” that would include cuts in VAT and excise duty.
As he set out his concerns, another publican walked past to tell him the Government had agreed on September 21st.
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“I have already got the two road maps on reopening and nothing happened. I won’t be buying stock on the basis of that date,” he said in response.
“I have to hear it from the Minister and I have to be guaranteed. It’s actually the fourth time I have been told.”
The group marched to the Dáil where they were met by a handful of rural TDs, echoing their demands for financial help and a viable future. The Irish pub will be much altered in the months ahead - less people, no bar service. The common concern voiced at the protest is the ability to survive in a public-facing industry crippled by Covid-19 restrictions.
In matching GAA shirts, Ronan and Lorraine Gibbons travelled from Shrule on the Mayo-Galway border where their small bar caters for a very local clientele.
"My pub would be the first pub in Mayo or the last, depending on which way you are going," said Ronan, who set out their rural credentials - you will never get much more than 10 or 12 people in TJ Gibbons at any one time.
"I am here today because I don't want to be on the dole. I want to get my pub open and get a bit of fair play," he said. "It's rural Ireland; it's rural Ireland."
Fourth generation
Simon Varley is only 25 and while he runs the family pub in Headford, Galway alongside his father, he will be the fourth generation proprietor one day.
He has been pulling pints since he was 15.
“It’s all I have ever known,” he said. He joined the march to fight for the future he always assumed he would have.
“It [Covid] is scuppering the whole thing. All I want to do is keep it going, keep the family business going,” he said.
“It’s really the last chance now at this stage. If it goes on much longer, ourselves and many other rural businesses are finished. Publicans have been take for a ride.”
Many at the march described premises of a typical size - accommodating about 100 people pre-Covid. With the new regulations, that will be cut to about 35 in most cases.
"We are really going to need a lot of help going forward," said Jackie O'Brien, the fourth generation of O'Brien's in Tipperary Town. His father Eamon, aged in his early 80s, is about to stand back from the bar for good.
“Thirty per cent of the business is what it’s looking like [with the new guidelines] and we will have 100 per cent of the bills.”
Donal O’Keeffe, chief executive of Dublin’s Licensed Vintners Association, welcomed the Government move but said that by the time the last pubs open, they will have been shut for 189 days.
“It will not be business as usual,” he said, “the new guidelines put a lot of restrictions on the trade, they will really challenge our commercial viability.”
Drinks Ireland, the suppliers' organisation, said it would work with publicans to supply stock and to clean beer lines. Its new campaign, #OpeningTime, will highlight the importance of getting pubs open safely and sustainably, it said.


theirishtimes--2020-09-08--Woman with dementia made a ward of court despite her objection

An elderly woman with vascular dementia who objected to being made a ward of court has been taken into wardship by a High Court judge following medical reports that her loss of capacity is likely to be permanent .
The woman ’ s court appointed guardian , who last May secured an independent medical report which agreed the woman lacks capacity to make decisions about her welfare and finances , told Ms Justice Niamh Hyland on Tuesday an updated report from that psychiatrist was unlikely to be any different .
In light of that evidence , and reports from two @ @ @ @ @ @ @ woman met the criteria for wardship , the judge said there was no procedural unfairness in proceeding with an inquiry concerning whether the woman , aged in her 80s , should be made a ward of court .
On foot of the evidence , the judge found the woman should be taken into wardship and continued orders permitting her continued placement in a nursing home .
Earlier , Paul Brady BL , for the HSE , said he was seeking wardship on foot of the unanimous medical evidence concerning the woman ’ s @ @ @ @ @ @ @ the woman ’ s guardian said she was previously in a hospital psychiatric unit for several months having been admitted there late last year with a delusional disorder .
She has since been moved to a nursing home .
The guardian visited the woman this week and said she looked well , was in good spirits and more relaxed in the nursing home than she had been in the psychiatric unit .
While the woman had made no attempt to leave the nursing home , she had consistently expressed a preference to be @ @ @ @ @ @ @ to wardship had been consistent from the beginning , the guardian added .
Cormac J Hynes BL , for the woman , agreed the medical evidence was all to the effect the woman lacks capacity but asked the court to consider whether the wardship application should be adjourned for an updated report to be obtained from the independent psychiatrist .
There may be some procedural unfairness arising from that psychiatrist ’ s report having been obtained last May prior to the objection to wardship being formally lodged in July , he said .
@ @ @ @ @ @ @ May report in light of the woman ’ s consistent opposition to wardship from the outset and did not believe the psychiatrist ’ s view had changed .
The woman had not instructed her to seek an adjournment of the wardship inquiry , she added .
Ms Justice Hyland said she would proceed with the wardship inquiry in light of the evidence and because the woman had not instructed the guardian to seek an adjournment .
Having considered the woman ’ s objection , that her family could not significantly assist her care @ @ @ @ @ @ @ , including reports the woman ’ s vascular dementia is likely to get worse and her loss of capacity is to be regarded as permanent , the judge directed the woman be taken into wardship .
She also directed that the woman ’ s son , in his capacity as the committee representing her interests in wardship , expedite an application under the Fair Deal scheme .

Ms Justice Niamh Hyland found the woman should be taken into wardship and continued orders permitting her continued placement in a nursing home. File Photograph: Collins Courts.
An elderly woman with vascular dementia who objected to being made a ward of court has been taken into wardship by a High Court judge following medical reports that her loss of capacity is likely to be permanent.
The woman's court appointed guardian, who last May secured an independent medical report which agreed the woman lacks capacity to make decisions about her welfare and finances, told Ms Justice Niamh Hyland on Tuesday an updated report from that psychiatrist was unlikely to be any different.
In light of that evidence, and reports from two other consultant psychiatrists which also found the woman met the criteria for wardship, the judge said there was no procedural unfairness in proceeding with an inquiry concerning whether the woman, aged in her 80s, should be made a ward of court.
On foot of the evidence, the judge found the woman should be taken into wardship and continued orders permitting her continued placement in a nursing home.
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Earlier, Paul Brady BL, for the HSE, said he was seeking wardship on foot of the unanimous medical evidence concerning the woman’s lack of capacity.
In evidence, the woman’s guardian said she was previously in a hospital psychiatric unit for several months having been admitted there late last year with a delusional disorder. She has since been moved to a nursing home.
The guardian visited the woman this week and said she looked well, was in good spirits and more relaxed in the nursing home than she had been in the psychiatric unit.
While the woman had made no attempt to leave the nursing home, she had consistently expressed a preference to be in her own home and her objection to wardship had been consistent from the beginning, the guardian added.
Cormac J Hynes BL, for the woman, agreed the medical evidence was all to the effect the woman lacks capacity but asked the court to consider whether the wardship application should be adjourned for an updated report to be obtained from the independent psychiatrist.
There may be some procedural unfairness arising from that psychiatrist’s report having been obtained last May prior to the objection to wardship being formally lodged in July, he said.
The guardian said she had sought the May report in light of the woman’s consistent opposition to wardship from the outset and did not believe the psychiatrist’s view had changed.
The woman had not instructed her to seek an adjournment of the wardship inquiry, she added.
Ms Justice Hyland said she would proceed with the wardship inquiry in light of the evidence and because the woman had not instructed the guardian to seek an adjournment.
Having considered the woman’s objection, that her family could not significantly assist her care in the community and the medical evidence, including reports the woman’s vascular dementia is likely to get worse and her loss of capacity is to be regarded as permanent, the judge directed the woman be taken into wardship.
She also directed that the woman’s son, in his capacity as the committee representing her interests in wardship, expedite an application under the Fair Deal scheme.


theirishtimes--2020-09-09--Covid-19: Experts call for travel advice to be made into law

Guidelines in relation to travel must be embodied in law if they are to be enforced on members of the public , including civil and public servants , international legal experts have said .
Speaking at a meeting of the Oireachtas committee on Covid-19 response on Wednesday morning , chairman Michael McNamara highlighted cases in which Irish civil servants , and a number of “ high-profile ” individuals were penalised for breaching guidelines on international travel .
He cited a case in which an unnamed public servant was requested to apologise after travelling to Spain , despite the Government advising @ @ @ @ @ @ @ .
In response , Gianni Buquicchio , president of the Council of Europe ’ s European Commission for Democracy through Law ( Venice Commission ) , and Jonathan Sumption , retired justice of the supreme court in the UK , said that guidelines , such as those on travel , are not enforceable and require “ a legal basis ” .
Mr Sumption said that it is not enough that people are “ disciplined for failing to accept Government advice ” .
“ It seems to be fundamental that it needs to be @ @ @ @ @ @ @ the European convention , but as a matter of basic constitutional proprietary under a common law system , such as both the United Kingdom and Ireland have , ” he said .
“ Civil servants are citizens as well as employees of the Government and where they choose to go on holiday belongs very much to their private life as citizens .
A legal basis for restrictions on where they can travel , is absolutely indispensable.
” Mr Sumption added that there is a “ serious practical difficulty ” in determining what is @ @ @ @ @ @ @ that would vary for each individual .
For countries within the Schengen area , the restrictions on travel were lifted on June 15th , and restrictions between the Schengen area and non-members of the European Union came to an end on July 6th , the committee heard .
However , those restrictions were lifted “ without prejudice ” to the rights of individual States to introduce new restrictions if they thought it necessary .
Mr Buquicchio said that this is a “ much larger problem because it shows the lack of harmonisation at @ @ @ @ @ @ @ that the European Union needs to “ discuss this chaos ” , to try and “ harmonise all of the legislations … between the different countries .
“ There must be one European rule , ” he said .
The two witnesses were invited to speak at the committee to discuss the legislative framework other countries have utilised in terms of their response to the Covid-19 pandemic .
Mr Sumption said there were three pieces of legislation which the UK could have used to deal with the pandemic , and added that the @ @ @ @ @ @ @ act , which does “ not confer specific powers ” to impose a lock down .
He said other countries can learn “ two main lessons ” from the actions of the UK , such as that a government must be “ very specific ” if it is to impose measures which “ drastically interfere with liberty ” , and that it is “ extremely important ” to have a high level of scrutiny of powers .
Mr Buquicchio said that measures imposed to restrict the spread of the virus must be necessary @ @ @ @ @

Travel agents have protested outside Leinster House, claiming the industry is on the brink of collapse due to a combination of Government advice against non essential travel, the green list and the 14 day quarantine rule. Video: Bryan O'Brien
Guidelines in relation to travel must be embodied in law if they are to be enforced on members of the public, including civil and public servants, international legal experts have said.
Speaking at a meeting of the Oireachtas committee on Covid-19 response on Wednesday morning, chairman Michael McNamara highlighted cases in which Irish civil servants, and a number of "high-profile" individuals were penalised for breaching guidelines on international travel.
He cited a case in which an unnamed public servant was requested to apologise after travelling to Spain, despite the Government advising against all non-essential travel to the country.
In response, Gianni Buquicchio, president of the Council of Europe's European Commission for Democracy through Law (Venice Commission), and Jonathan Sumption, retired justice of the supreme court in the UK, said that guidelines, such as those on travel, are not enforceable and require "a legal basis".
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Mr Sumption said that it is not enough that people are “disciplined for failing to accept Government advice”.
"It seems to be fundamental that it needs to be embodied in law, not just under the European convention, but as a matter of basic constitutional proprietary under a common law system, such as both the United Kingdom and Ireland have," he said.
“Civil servants are citizens as well as employees of the Government and where they choose to go on holiday belongs very much to their private life as citizens. A legal basis for restrictions on where they can travel, is absolutely indispensable.”
Mr Sumption added that there is a “serious practical difficulty” in determining what is and is not essential travel, as that would vary for each individual.
For countries within the Schengen area, the restrictions on travel were lifted on June 15th, and restrictions between the Schengen area and non-members of the European Union came to an end on July 6th, the committee heard.
However, those restrictions were lifted “without prejudice” to the rights of individual States to introduce new restrictions if they thought it necessary.
Mr Buquicchio said that this is a “much larger problem because it shows the lack of harmonisation at the European level”.
He added that the European Union needs to “discuss this chaos”, to try and “harmonise all of the legislations … between the different countries.
“There must be one European rule,” he said.
The two witnesses were invited to speak at the committee to discuss the legislative framework other countries have utilised in terms of their response to the Covid-19 pandemic.
Mr Sumption said there were three pieces of legislation which the UK could have used to deal with the pandemic, and added that the government “controversially” chose the public act, which does “not confer specific powers” to impose a lock down.
He said other countries can learn “two main lessons” from the actions of the UK, such as that a government must be “very specific” if it is to impose measures which “drastically interfere with liberty”, and that it is “extremely important” to have a high level of scrutiny of powers.
Mr Buquicchio said that measures imposed to restrict the spread of the virus must be necessary, proportionate and temporary.


theirishtimes--2020-09-09--EU Court scuttles planned fracked gas terminal permission

The European Court of Justice has advised the Irish High Court that the 2018 extension by An Bord Pleanála to 2008 planning permission for construction of a proposed €500 million fracked gas terminal in the River Shannon estuary must be considered as a new permit for the purposes of the Habitats Directive .
It must also be subject to a new environmental assessment under the EU Habitats Directive .
The Shannon LNG terminal was due to process imported liquefied natural gas from the US for consumption in Ireland , and possibly to be distributed throughout the EU .
The court @ @ @ @ @ @ @ the time limit for projects can take into account results of earlier assessments , but will still have to check for changes in the environment and whether there have been any relevant changes in scientific knowledge .
These could include more up-to-date surveys , changes to the project and the possible impact of other plans and projects under the EU Habitats Directive .
The judgment came after a reference to the European Court of Justice by Irish High Court Justice Garett Simons in early 2019 .
References to the Court of Justice seek @ @ @ @ @ @ @ a question of EU law arises .
The case will now reopen in the Irish national court for it to apply the interpretation .
According to Friends of the Irish Environment who brought the initial action , “ the judgment is a welcome development of the European Court ’ s previous jurisprudence and has far reaching implications for other major projects across Europe which will ensure greater protection for the environment ” .

The court said the project must be subject to a new environmental assessment under the EU Habitats Directive. File photograph: Getty
The European Court of Justice has advised the Irish High Court that An Bord Pleanála's decision in 2018 to extend planning permission for a proposed €500 million liquefied natural gas (LNG) terminal in the Shannon estuary must be subject to a new environmental assessment under the EU Habitats Directive.
The proposed terminal was due to process LNG from the US for consumption in Ireland, and possibly to be distributed throughout the EU. The original permission was granted in 2008.
According to Friends of the Irish Environment (FIE) which brought an initial High Court action, "the judgment is a welcome development of the European Court's previous jurisprudence and has far reaching implications for other major projects across Europe which will ensure greater protection for the environment".
The European court ruled on Wednesday that assessment of extensions of the time limit for projects could take into account results of earlier assessments, but would still have to check for changes in environmental data and whether there had been any relevant changes in scientific knowledge.
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These could include more up-to-date surveys, changes to the project and possible impact of other plans and projects under the EU Habitats Directive, said Fred Logue, solicitor for FIE.
The judgment came after a reference to the European Court by Mr Justice Garett Simons in early 2019. References seek clarification of cases before national courts where a question of EU law arises.
The court found it was for the “competent authority” to decide if appropriate assessment was needed in the Shannon LNG case, so it would reopen in the Irish court for it to apply the interpretation.
The proposal by Shannon LNG Ltd is for four liquefied natural gas tanks, jetties to receive ships with LNG and associated works near Tarbert, Co Kerry. Objectors, including the singer Cher, have raised a range of concerns, including about its proposed use of fracked gas.
The decision throws fresh doubt over the the project, the abandonment of which was a core demand of the Green Party as a precondition for government formation talks.
The Programme for Government states, “as Ireland moves towards carbon neutrality, we do not believe that it make sense to develop LNG gas import terminals importing fracked gas. Accordingly, we shall withdraw the Shannon LNG terminal from the EU Projects of Common Interest (PCI) list in 2021. We do not support the importation of fracked gas and shall develop a policy statement to establish that approach.”
The list includes what are considered key energy infrastructure projects of EU significance.
FIE argued planning permission should not have been extended to 2023 without environmental assessment as special protection areas in the Shannon Estuary where the terminal was to be built had been extended in the interim.
An Bord Pleanála, which granted permission under the fast-track provisions for strategic infrastructure, submitted there was no change to the planned development so the case did not have to be reconsidered before extending permission.
Advocate general Juliane Kokott in an opinion issued in April found that to ensure “complete, precise, and definitive statements that are capable of dispelling any reasonable scientific doubt as to the impact” the permission should not have been renewed without an environmental impact assessment.
“Already in 2008 that development consent did not contain complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effects of the proposed works in the area,” she said. “It is certainly incapable nowadays of ruling out the risk that the area would be adversely affected.”
The State, according to the advocate general, was required to now “close any gaps” before extending the permission.
In July anti-fracking campaigners called on the Government to follow through on commitments to prevent development of new fracked gas importation terminals in Ireland, by promptly publishing a promised energy policy statement.