THE IRISH EMIGRANT

October 20, 2008        Issue No.1,133

The free news service for the global Irish community

http://www.IrishEmigrant.com

Editor: Liam Ferrie    Copyright 2008 Irish Emigrant Ltd

Summary

Tuesday's Budget was always going to dominate the week's news, given the state of the economy, but the Government would never have expected to be subjected to such concerted and ferocious attacks as it is experiencing from both within and outside its own ranks. So far one Fianna Fáil TD has left the party and one independent TD is threatening to withdraw his support from the Government. The contentious issue is the withdrawal of the automatic right to a medical card for all those over the age of 70.

It is quite probable that, had that decision not been included in the Budget, another issue would be creating as much passion. The most likely candidate is a 1% levy on all income; 2% on income over €100k.

Somewhere amidst all this argument there were other news stories being reported but all took a back seat, even an Irish soccer win over Cyprus which give the team in a very strong start in the quest to qualify for the 2012 finals. Back to Top

Budget creates political crisis

One measure in Tuesday's Budget has created huge problems for the Government, with one TD resigning from Fianna Fáil and many threatening to vote against a plan to introduce means tests for medical cards for those aged 70 and over.

Prior to the Budget, Minister for Health Mary Harney must have been thinking that she would be widely condemned if she failed to withdraw the automatic medical card from the over 70s. Many commentators had publicly advocated such a move on the basis that very well off elderly people did not need State support for either medicines or visits to doctors. The general view was that in these straightened times only those who really required State support should receive it. No voice suggested this might be a dangerous road to travel.

Until 2001 access to a medical card, which ensured free access to hospitals, doctors and prescription medicines, was means tested for the over 70s. When the Government announce the abandonment of this means test it was on the assumption that doctors would be paid for all over-70s patients on the same basis as they were paid for those with the then existing means-tested medical card. The scheme was budgeted to cost €15m but the doctors decided that they wanted a bigger slice of the cake and refused to co-operate until they received it. As a result the cost in the first year was €51m.

Currently doctors receive a flat rate of €640 in respect of each over-70 medical card holder on their books and the total cost of the scheme is now €245m. The fee paid in respect of someone who qualified for the medical card when it was means-tested is just €161 per year. It is this discrepancy which prompted the Government to act. The new measures are intended to save €100m.

After the initial outburst of criticism Minister for Health Mary Harney clarified the level of income at which a full a medical card would still be available. This is €25k for a married couple and half that for a single person. There would then be a sliding scale under which people on higher incomes would receive a doctor-only medical card and then a €400 cash grant, with about 15,000 who have incomes in excess of €62k not receiving anything.

This failed to take any heat out of the debate and the Fianna Fáil TD for Wexford, Joe Behan, resigned from the party in protest. Few had ever heard of Mr Behan, who was elected for the first time last year, but now he is a household name. Many other Fianna Fáil TDs said the proposals would have to be changed radically before they could support it in the Dáil. Independent TD Finian McGrath, who has been supporting the Government, says he will withdraw that support should the plan be implemented.

In an effort to defuse the situation Taoiseach Brian Cowen came on RTÉ's television news bulletin on Friday night and on RTÉ Radio's This Week on Sunday and said that, while the savings had to be achieved, efforts would be made to do so in a more acceptable manner. Talks, he said, would take place with doctors in an effort to find a more equitable way to compensate GPs for treating the over-70s.

Meanwhile Fianna Fáil councillors from around the country held an emergency meeting in Ballinasloe on Sunday. They were most unhappy and passed a motion calling on the Government to abandon the means test proposal.

Later in the day the Competition Authority put the cat among the pigeons by warning that any negotiations on GPs' fees between the Government and the Irish Medical Organisation could be in breach of the Competition Act. By that stage it had emerged that the Government had already been in contact with the IMO.

One of the loudest critics of the Government was Fine Gael health spokesperson Dr James Reilly who was chairman of the IMO when the inflated fees were negotiated back in 2001. Although now a full-time politician he still has his general practice and employs four locums. Back to Top

Budget 2009

On Tuesday Minister for Finance Brian Lenihan delivered his first Budget, one that was forecast to be the toughest in more than two decades, but for those of us who paid tax in the 1980s it was relatively mild. The publication of the Budget in mid-October, some seven weeks earlier than scheduled, was an indication of how rapidly the economy has deteriorated in recent months.

Opening his address to a packed Dáil the Minister referred to "one of the most difficult and uncertain times in living memory", before claiming that his Budget "sets out a plan to deal with this most unfavourable set of circumstances". The aim, he said, was "to restore order and stability in the public finances, to increase productivity and competitiveness and to protect those who are most vulnerable in our country".

No Finance Minister has ever escaped concerted criticism for what was included or excluded in his Budget and Mr Lenihan was no exception. He was accused of attacking the poor, penalising the middle classes, punishing families, abandoning the elderly, neglecting education, ignoring small business and damaging the health service. The fact that early in his speech the minister announced that he and his Cabinet colleagues, as well as senior civil servants, would take a 10% cut in salary, did not temper any of the criticism.

While it was a budget that brought in many new charges and found a broad range of opportunities to reduce expenditure, most criticism was focused on three issues; a new 1% income levy which also applies to the lowest paid, the withdrawal of the automatic right to a medical card for those over the age of 70, and the failure to do anything to reform the public service. As the days went by it was the withdrawal of the medical card for the elderly which created the greatest heat and has created something of a crisis for the Government, but I'll deal with that separately.

Despite the current serious financial situation, Government spending will increase by 1.8% - this will result in a current budget deficit of €4.7bn and a capital budget deficit of €8.7bn, giving a borrowing requirement of €13.4bn or 6.5% of GDP.

INCOME TAX:

·      The Government refuses to call it income tax, preferring the word levy instead, but, whatever it is called, all income up to €100k per year will be subject to a 1% charge. This increases to 2% for those earning more than €100k. Only social welfare payments will be exempt from the charge.

·      Apart from that there is no change in tax rates. The only adjustment to income tax is that an individual will be allowed to earn an extra €1k per year before moving from the 20% band to the 41% band.

VAT:

·      The 21% standard rate goes up to 21.5%. Other rates are unchanged.

EXCISE DUTIES:

·      50c has been added to the price of a packet of cigarettes; 50c has been added to a bottle of wine; petrol goes up by eight cent a litre; there is no change in the duty on diesel. On beers and cider, with an alcohol content of 2.8% or less, the duty has been halved.

PENSIONS:

·      The contributory old-age pension increases by €7 to €230.30 per week while the non-contributory pension goes up from €212 to €219 per week.

SOCIAL WELFARE:

·      Rates increase by €6.50 per week, with the minimum rising to €204.30.

CHILD BENEFIT:

·      Rates are unchanged at €166 per month for each of the first two children and €230 per month for third and subsequent children. For an 18-year-old the amount payable will be halved in 2009 and abolished in 2010.

·      The Early Childcare Supplement of €1,100 per annum which was payable in respect of all children under six, will cease at 5.5 years.

PROPERTY:

·      The Minister has increased the mortgage relief benefit available to first-time home buyers but has offset this by reducing the benefit to people who, for whatever reason, move home. He has also made mortgages available to some first-time buyers who would have difficulty in borrowing from existing lending institutions. There is also a provision for the State to take an equity stake in the home of a first-time buyer.

·      In an effort to revitalise the commercial property market the top rate of Stamp Duty has been cut from 9% to 6%.

·      The owners of second homes will be required to pay €200 on each property. This applies to both holiday homes and investment property. It is not clear whether it apples to the many Northerners who own holiday homes in the Republic.

BUSINESS:

·      The current 20% rate of tax credit for incremental expenditure on R&D is being increased to 25%.

·      New start-up companies which commence trading in 2009 will be exempt from tax, including capital gains, in each of the first three years to the extent that their tax liability in the year does not exceed €40k.

·      The rate of capital gains tax is being increased to 22% from 20% in respect of disposals made from midnight on October 14, 2008.

·      The Minister was very emphatic in stating that Ireland would not be increasing the 12.5% rate of corporation tax.

TRANSPORT:

·      Six major road projects have been deferred for at least a year. No provision has been made to purchase new buses for Dublin Bus; Metro North is to proceed as planned. Overall the transport infrastructure has fared better than expected.

·      Employees with access to car parking spaces in major urban areas will be subject to an annual levy of €200k. This will also apply to public servants and members of the Oireachtas.

·      Employers may supply employees with bicycles and related safety equipment without benefit in kind applying.

·      All air travellers will be subject to a levy - €2 on flights of less than 300km and €10 on all longer flights.

·      Motor tax rates increase by 4% or 5% depending on the size of engine and the CO₂ rating of the vehicle.

HEALTH:

·      Minister for Health Mary Harney claims that health spending will increase by more than €400m next year but within the overall spend there are many changes

·      There will no longer be an automatic entitlement to a medical card for those aged over 70. It will in future be means tested with various outcomes possible; a full medical card, a doctor only medical card, a €400 cash grant or nothing.

·      Attendance at A&E without a doctor's note will cost €100, up from €66. This will be imposed even in cases of emergency. Those with medical cards are exempt. This charge exists in an effort to ensure that A&E units are not clogged up with people who should be attending a GP.

·      An early retirement scheme will be introduced throughout Health Service Executive administrative areas.

EDUCATION:

·      There will be a minor increase in class sizes as some teaching posts are cut; from next September the third-level registration fee will increase from more than €900 to €1,500.

OTHER:

In other areas garda overtime is to be cut, the decentralisation of the public service is on hold, some small army barracks are to close, spending on the arts has been reduced, more grant funding will be available for energy-efficient homes, and a number of state agencies are to be abolished, merged or subsumed into Government departments.

Full budget details can be read at: http://www.budget.gov.ie/default.asp Back to Top

Banks to pay State €1bn premium

It was announced last Sunday night that the European Commission had accepted that the bank guarantee scheme proposed by the Government does not breach EU competition laws. It was Thursday, however, before it was revealed just how the banks will recompense the State for what is essentially insurance cover to guarantee deposits and interbank borrowings.

The cost to the banks over the two years of the guarantee will be €1bn which, according to Minister for Finance Brian Lenihan, is more than 10% of the profits generated by the 11 banks expected to join the scheme. It is thought possible that one or more of the banks may decide not to accept the State guarantee.

The State will have representation of a sort on the boards of the banks. Mr Lenihan will draw up a list of people who he believes are qualified to sit on the boards. The banks will then choose one or two board members from this panel.

Mr Lenihan will also establish a three-person committee to decide on the level of salaries and bonuses to be paid to the chief executives of participating banks. His own view is that none should be paid more than €500k per year.

There was some criticism of the scheme with the argument, I think, being that the banks were getting off lightly. Whatever was said was lost in the row about the Budget. Back to Top

Where our money goes

On the day before the Budget The Irish Times reported that 221 senior civil servants shared a total of €3m in bonus payments last year. One had to be content with €3,200 while the top payment was one of €26k. Those receiving the bonuses were already on salaries of between €139k and €187k.

In the same edition the newspaper revealed that the planning tribunal, first known as the Flood Tribunal and later the Mahon Tribunal, has so far cost the State more than €80m but, as most third-party claims for legal costs have still to be dealt with, the total is expected to exceed €500m.

To date the Tribunal has paid more than €1m each to 14 individuals. The top earners are all barristers, with Des O'Neill SC taking home €5.3m, Patricia Dillon SC €4.5m, Patrick Quinn SC €3.8m, and John Gallagher SC €3.5m. They all work for the Tribunal. The legal team representing witness James Gogarty have been paid €3.57m. the late Mr Gogarty was the whistle blower who caused the tribunal to be established in the first place.

Back in October 2001 I wrote, "Pat Hanratty SC has left the Tribunal's legal team after four years of service. He says he was told that the tribunal was expected to last for six months and although he knew this to be an underestimate he never expected that it would take up so much of his life. With further issues opening up on a regular basis he anticipates that it will be another three years before the hearings end and he feels that he cannot afford to be away from his practice for a total of seven years".

Back in late 1997, when the Dáil agreed the terms of reference of the inquiry, members of the Oireachtas instructed the Tribunal "to inquire urgently into and report to the Clerk of the Dáil and make such findings and recommendations as it sees fit". The Irish legal profession has given the word urgently an entirely new meaning. Back to Top

Bits and Pieces

Garda stations damaged in arson attacks

The garda station in Carna, Co. Galway, was badly damaged by a fire that broke out at around 10:00pm last Sunday. Arson is suspected. By the time two units of the Clifden fire service put out the blaze considerable damage had been done to lockers, documents and garda uniforms.

On the previous Thursday Blarney Garda Station in Co. Cork was also damaged in an arson attack. Back to Top

Cody and Pattison to be honoured by their native Kilkenny

Hurling giant Brian Cody and veteran politician Séamus Pattison are to be granted the freedom of Kilkenny, following a unanimous vote by members of Kilkenny Borough Council. Brian Cody has led Kilkenny to six All Ireland victories since taking over as manager in 1999 and was also the winner of five All Ireland medals during his playing career.

Labour politician Séamus Pattison was first elected to the Dáil in 1961 and finally retired last year. During his career he served as ceann comhairle , leas cheann comhairle and as a minister of state. He was also an MEP for Leinster for a time. Back to Top

Ram raiders escape empty handed

Robbers used a stolen Toyota Landcruiser to smash the front doors of a petrol station in Kilcoole, Co. Wicklow, at about 3:!5am on Wednesday. They were trying to remove an ATM from the premises but hadn't succeeded when gardaí arrived on the scene in an SUV. The Toyota was then used to ram and disable the garda vehicle, before the gang escaped in their second vehicle, a BMW X5. Back to Top

Lawyers frustrating work of injuries board

Dorothea Dowling, chairwoman of Injuriesboard.ie, formerly the Personal Injuries Assessment Board, accused six firms of solicitors of trying to frustrate the work of the board. She noted that clients of these firms generally failed to keep appointments for medicals, with the result that the compensation offered was often lower than it might otherwise be. This resulted in the award being appealed to the courts, ensuring higher fees for the lawyers. Ms Dowling did not name the layers concerned. Back to Top

Shell postpones pipeline until next year

Following damage to the pipe-laying vessel "Solitaire" in Broadhaven Bay, Co. Mayo last month Shell E&P Ireland has confirmed that plans to lay the offshore pipe for the Corrib gas project have been postponed until next year. The company is still waiting for an An Bord Pleanála decision on its proposed modified route for the pipeline. Back to Top

Reinvestigation produces two new suspects in Annie McCarrick case

A reinvestigation by gardaí in Bray, Co. Wicklow into the disappearance of American student Annie McCarrick 15 years ago has produced two new suspects. The two men, who both gave statements at the time of Ms McCarrick's disappearance in Glencullen, have again been interviewed but neither was arrested nor questioned under caution.

The reinvestigation has also identified a number of sites in the search for JoJo Dullard from Co. Kilkenny, who disappeared 13 years ago while hitching a lift home from Moone in Co. Kildare. The search, prompted by information from the public, will be centred on an area close to the Co. Kildare town. Back to Top

Gardaí investigating missing church funds

Gardaí are investigating a claim that funds are missing from a north Dublin parish after one of the priests in the parish made the church authorities aware of a problem; he had a nervous breakdown and is now in residential care. It is believed that up to €14k a year was misappropriated, income from a chapel that was not declared. External auditors have been asked to carry out a review of the parish's finances. Back to Top

National Lottery Winning Numbers:

•      Wed: 14, 19, 20, 21, 28, 36 (43) - the jackpot of €2.60m was not won

•      Sat: 7, 9, 15, 20, 28, 35 (21) - the jackpot of €3.37m was not won Back to Top

Northern News

PSNI's mobile shooting ranges no longer mobile

The PSNI spent £900k on three mobile shooting ranges that have turned out to be too large to be driven into the grounds of most police stations. The aim was to bring the ranges to the police officers rather than have officers travel to a central location. The compromise is that they now have a choice of three locations at which to train - Steeple, Co. Antrim; Enniskillen, Co. Fermanagh; and Gough, Co. Armagh. Back to Top

Teachers' strike closes Co. Down school

Some 540 pupils who should be attending Movilla High School in Newtownards, Co. Down were sent home on Monday as a result of a dispute involving 25 of the 37 teachers. The 25, members of the NAS/UWT, have been picketing the school in protest at having their salaries withheld as a result of a disciplinary issue. The teachers have been refusing to teach one pupil after he had assaulted a teacher, but management insists that to be paid they must teach all pupils.

Talks have been taking place but the school will remain closed today. Back to Top

Explanation for McAnespie shooting officially discounted

The shooting dead more than 20 years ago of Aidan McAnespie remains controversial and now has more reason to be. The Historical Enquiries Team in the North has been reviewing the original investigation and has cast doubt on the explanation of the British soldier who fired the fatal shot. Back to Top

After being questioned at an army checkpoint while on his way to a GAA match, the 24-year-old was shot in the back. Based on exchanges with British soldiers prior to that incident the McAnespie family has always claimed that he was murdered. Now the HET has concluded that the soldier's explanation that his hands were wet and slipped, causing the machinegun to fire, "can be virtually disregarded".

At one stage the soldier was charged with manslaughter but that was later dropped. Back to Top

Chief of IFA has contract terminated

Howard Wells has had his contract as chief executive of the Irish Football Association terminated with immediate effect. Having held the position for the past four years, Mr Wells is now taking legal advice over the withdrawal of his contract. He has alleged that anti-English remarks were made to him by IFA officials, and he is also disputing an unpaid bonus of £30k. Back to Top

Parity restored in fuel prices

The increase on unleaded petrol announced by the Republic's Finance Minister Brian Lenihan in last week's Budget has virtually restored parity to fuel prices North and South. The move has led to the probable end to the habit of cross-border petrol buying, by which Northern motorists would cross the border to avail of the lower prices in the South. Also affected by the increase are the profits to be made by those smuggling fuel into the North. Back to Top

Doubt over confession to murder

The coroner at the inquest into the 2004 death of Colin McCarthy in Downpatrick suggested that the police might need to carry out further investigation, despite the confession of Paul O'Brien. Mr O'Brien walked into a police station and confessed to murdering Mr McCarthy, on the grounds that he was the only one in the flat with Mr McCarthy when he woke and found the lifeless body. The victim's girlfriend told the inquest of a threat to Mr McCarthy from an unnamed man in the town. Back to Top

Major weapons seizure in Belfast

The PSNI has seized 80 weapons and 10,000 rounds of ammunition following the sudden death of well-known loyalist Billy Bell. Most of the material was found in Bell's house in the Ballysillan area of Belfast but some was recovered from a lockup garage in the same area.

It eventually emerged that the search of the house last weekend was undertaken after Bell took his own life with an illegally held weapon. Bell, who ran a war games operation in Crumlin, Co. Antrim, had recently learned that he had a terminal illness.

The UVF has insisted that Bell was not a member and that it did not own and had no knowledge of the weapons cache. Back to Top

Campaigners' concern at lenient sentence

Anti-drugs campaigners have expressed concern at the lenient sentence handed down to Damian Convery of west Belfast, who pleaded guilty to six offences in relation to being caught with £100k worth of cocaine and ecstasy. He was given a 2.5 year sentence which, with 50% remission and taking into account the eight months he has already been on remand, means he will be due for release next May. Back to Top

SF claim right to protest at homecoming parade

Sinn Féin have applied to the Parades Commission for a protest parade over the homecoming parade planned for members of the Royal Irish Regiment and Territorial Army returning from Iraq and Afghanistan. The homecoming parade is due to take place on November 2 and, if the Sinn Féin parade is allowed to go ahead, the two groups will come within 30 feet of each other at Donegall Place. Back to Top

Premiere of hunger strike film in Belfast

Michael Fassbender, who plays the role of Bobby Sands in the film "Hunger", was in Belfast on Thursday for the city's premiere of the film at the Movie House. The film has already won awards at film festivals in Cannes, Toronto, Sydney and Venice. Back to Top

Police Inspector on theft charges

Detective Inspector Bryan Logan, who was caught on CCTV camera taking money from his office tuck shop, was in Antrim Crown Court on Thursday. He has denied stealing the sums totalling £40.10 from Antrim CID's Recreation Club, and maintains he always paid back any money borrowed for the purpose of playing the poker machine in the office. A hidden camera was set up in the office after small amounts of money went missing over a period of two months. The trial is continuing. Back to Top

Job loss fears at Tyrone quarry equipment company

It is feared that up to 100 jobs may be lost at quarry equipment company Powerscreen due to the downturn in the construction industry. The Dungannon-based company is to close down from December 12 to January 4, resulting in the loss of 12 days' pay for the workforce. In addition, consultation has begun with employees on cost-cutting measures which could lead to the loss of the jobs.  Back to Top

UVF informer to be screened in court

Mark Haddock, the UVF killer who became a police informer, has won the right to be screened from public view when he gives evidence in court. He is seeking an order preventing the media from revealing his new identity or his new place of residence. Haddock remains of interest to the media as it is alleged that he was allowed to kill people while he remained useful as a police informer. Back to Top

Northern bishops oppose introduction of Abortion Act

The nine Catholic bishops in the North, led by Cardinal Seán Brady, have issued a statement opposing the proposal by British MPs that the 1967 Abortion Act be extended to include the North. The issuing of the statement was timed to coincide with an anti-abortion rally held at Stormont on Friday which attracted people from across the religious divide. A smaller pro-abortion rally took place in Belfast city centre at the same time. Back to Top

Other news:

•      Two-year-old Tatyana Jinga died after being hit by a delivery van in Newry last Saturday. She was visiting the Co. Down town with her parents for a cultural event when the accident happened. The family is originally from Zimbabwe but has been living in Belfast.

•      More than 1,500 payments totalling £1.51m have been paid by councils to those who were affected by flooding during the summer. It was agreed in the Assembly that flood victims would be paid £1,000 each to cover the cost of repairs, and the money expended by the 26 councils will be reimbursed by the Department of the Environment.

•      The number of people claiming benefits in September rose by 1,200, bringing the total out of work to 28,900, the fastest rate of increase in the last 20 years. It is predicted that as many as 10,000 people are in danger of losing their jobs, with the construction sector being worst hit at present.

•      Ulster Property Sales, the largest independent estate agent in the North, has let go 30% of its staff following the downturn in the property market; the figure represents up to 25 people. Also forced to lay off staff has been another leading estate agency, Templeton Robinson.

•      Minister for Agriculture Michelle Gildernew gave birth to a daughter on Friday. The Sinn Féin MP for Fermanagh and South Tyrone and her husband Jimmy Taggart have two sons, Emmet aged six and three-year-old Eunan. She will remain on maternity leave until just after Christmas.

•      The State-owned NI Water is to shed 304 jobs over the next year. This is in addition to the 112 jobs lost in the past 21 months. A company spokesman said that fewer staff will be required when the existing 17 depots are replaced with five regional centres at Altnagelvin, Ballymena, Belfast, Omagh and Seagoe.

•      Japanese-owned AVX has announced that, due to a business slowdown, it will be making 33 staff redundant at its Coleraine plant. The company, which currently employs 400, manufactures components for use in computers and mobile phones.

•      A 21-year-old motorcyclist was killed on the Newry by-pass at about 10:00pm on Friday. Back to Top

The Courts

District Courts to be closed

The closure of more than 30 courts in 12 counties has been approved by the Courts Service. The closures will take place in counties Clare, Donegal, Galway, Laois, Leitrim, Longford, Mayo, Offaly, Roscommon, Tipperary and Westmeath. The reorganisation, which is due to begin in January, will enable the Courts Services to use its resources in a more productive manner, according to Brendan McDonald, regional western manager for the Courts Service. Back to Top

Dubliner charged with Letterkenny stabbing

Dubliner Kenneth Broe (36) was remanded in custody after he appeared in a Co. Cavan court charged with assaulting Kristian Shortt in Letterkenny, Co. Donegal on October 9. He was also charged with possessing cocaine for the purpose of sale or supply. Broe had been arrested in Co. Monaghan while travelling to Dublin from Letterkenny. Mr Shortt, a son of former publican Frank Shortt, was stabbed repeatedly with a pair of scissors in a Letterkenny apartment. Back to Top

End to harassment of Co. Tipperary Traveller family

Residents of a number of houses at Cullenagh, Ballina, Co. Tipperary, who had prevented a Traveller family from occupying one of the houses, on Monday gave assurances in the High Court not to cause any further interference with the house or trespass near it. They also agreed not to intimidate the family or council officials. The house has been blockaded since September 5 after the residents learned that North Tipperary County Council had purchased it with a view to housing the family of two parents and eight children. Back to Top

Dispute over mermaid painting goes to court

A dispute between neighbours in Glenageary, Co. Dublin came to the Circuit Civil Court but was than resolved through mediation. When Henry Barnwell wanted a mermaid painted on his yacht, his artist neighbour Deirdre Lyons Doyle obliged, without charging any fee. She was, however, upset when the mermaid painting appeared on a book published by Barnwell. He had neither sought her permission to use the image nor credited her as the artist.

The settlement involved an apology and a commitment not to make further use of the painting. Back in the court Barnwell was ordered to pay Ms Lyons Doyle's costs. Back to Top

Fight between brothers ended in death

Derek McGrath (36), of Blanchardstown in Dublin, was jailed for 4.5 years after he pleaded guilty to the manslaughter of his brother Anthony (23) in October 2006. The court heard that Derek McGrath had been drinking for two days, first at a 40th birthday party and then at a family christening, before becoming involved in a violent row with this brother. He had also taken cocaine and Valium. Anthony McGrath died from a single stab wound to the neck.

In imposing sentence Justice Paul Carney noted this was the fourth case of fratricide he has had to deal with in recent times. Back to Top

Rogue solicitors may face stiffer penalty

Justice Richard Johnson wasn't satisfied that the Solicitors' Disciplinary Tribunal had imposed adequate sanction on two Co. Mayo solicitors when he was asked to confirm €25k fines. Michael McDarby and Seán Acton, of Ballinrobe-based Michael McDarby and Co., had been charging clients 10% of awards in personal injuries cases although they had already been paid by the insurers. The pair were separately penalised for representing the opposing parties in a traffic accident.

Justice Johnson agreed with the Law Society's original recommendation that the two should be struck off. He adjourned the case for four weeks to allow for a full High Court hearing to consider the Tribunal's recommendations. Back to Top

€5m award for road collision injuries

The High Court has approved a €5m award to Yvonnie Muytuhle (28) who suffered brain damage and will never enjoy independent living as a result of a collision between two cars in Blackrock, Co. Dublin, in August 2002. Fay Sherlock (28), from Kilruddery, Co. Wicklow, who was driving the other car, has already served an 18-month prison sentence, having pleaded guilty to dangerous driving, driving while drunk and driving without insurance.

Ms Muytuhle, a native off Zimbabwe, had come to Ireland seeking asylum six months before the accident. In court it was revealed that she would have received an award of €7m but had contributed to her injuries by not wearing a seatbelt. Back to Top

Motorcyclist blamed for the death of three people

Niall McGrath (25), from Ballintra, Co. Donegal is currently on trial on a charge of dangerous driving causing the deaths of three people. It is the prosecution's case that McGrath's motorcycle collided with a car causing it to cross to the other side of the road into the path of another car, which in turn was pushed into the path of a truck. Damien Quigg (49) and his wife Teresa, from Dungiven, Co. Derry, who were travelling in the first car, and Nora McGee (74) from Gort an Choirce, a passenger in the second, were all killed in the accident which happened on the Ballyshannon to Donegal town road in September 2005. Back to Top

Retrial possible after jury fail to agree

It is possible that Niall Shannon (20), of Ballylongford, Co. Kerry, may face a retrial after a jury at Limerick Circuit Court failed to agree. Shannon has denied dangerous driving causing the deaths of fireman Michael Liston and Garda Brian Kelleher, who were attending another accident near Foynes in February 2007. The foreman of the jury told Judge Carroll Moran that there was no prospect of either a majority or a unanimous verdict being reached. The jury had earlier convicted Shannon of drink driving on the night in question. Back to Top

Sentencing adjourned in shooting by Limerick 14-year-old

Sentencing was adjourned at Limerick Circuit Criminal Court in the case of a 14-year-old boy and a 19-year-old man found guilty of shooting at a house and damaging a car in April of last year. The boy, who cannot be named for legal reasons, and Michael Ryan of St Mary's Park in the city, were identified on CCTV. The boy had fired two shots into the house and damage was also caused to the front door and to a car. Back to Top

CAB to take €650k from Thomas "Slab" Murphy

The Criminal Assets Bureau on Thursday received approval from the High Court to retain the €635k seized at the home and business premises of Thomas "Slab" Murphy, near Hackballscross in Co. Louth in 2006. The raid also uncovered diesel laundering equipment and laundered diesel.

Murphy is frequently described in the media as the "former leader of the IRA". It is alleged that he and his brothers made large sums smuggling fuel across the border. This settlement satisfies the tax debts of his brothers Patrick and Frank, but Thomas is still due to appear before the courts on tax charges. Back to Top

Other cases:

•      Financier Dermot Desmond has been given leave by the Supreme Court to proceed with a libel action against Mirror Group Newspapers although the relevant article was published ten years ago. Mr Desmond initiated the action in 1998 but it was later put on hold pending the publication of the report of the Moriarty Tribunal. MGN had tried to prevent the case from proceeding.

•      Lithuanian national Mantas Pauliukonis (25) was jailed for life after a jury found him guilty of murdering Alesandrs Filusins (28) from Latvia. The deceased was stabbed in the thigh after he intervened to protect a man who was being assaulted outside a disco in Swords in north Dublin.

•      After drinking 12 cans of beer and a litre of vodka, Glen Conroy (20) of Skerries, Co. Dublin broke into an aviary with an accomplice and pulled the heads off 12 exotic birds worth €2,670. Currently serving a three-year sentence for a robbery in Swords, Conroy will be sentenced for the latest crime in December. Back to Top

Employment & Industrial Relations

Another 280 Waterford Crystal jobs at risk

Waterford Crystal management met with staff on Thursday to confirm that a further 280 redundancies were being sought. The figure had been widely reported two days earlier. Some 200 staff from the previous redundancy round are about to depart and with the laying off of a further 280 it will leave just 70 in manufacturing, 55 in sales and 70 in administration and maintenance. Back to Top

Wyeth to shed 100 jobs at Newbridge

Pharmaceutical company Wyeth has said it is cutting 100 jobs from its plant at Newbridge, Co. Kildare due to a decline in volumes and improved automation. A further 150 staff will also be made redundant as part of a redundancy programme announced in 2006. At the time a production line was due to close as a result of an expiring patent but manufacture of the drug continued longer than expected.

Wyeth Medica Ireland employs 3,300 staff at five locations and with these redundancies the permanent workforce in Newbridge will fall to about 1,050. Back to Top

Politics & Politicians

Dublin fundraiser for Obama

According to The Irish Times some 100 US citizens attended a Co. Dublin fundraiser last Sunday for US Presidential candidate Barak Obama. Each was expected to contribute a minimum of €100. The event was held at the Dalkey home of Massachusetts-born lawyer Moira Shipsey. Back to Top

Taoiseach attending Brussels summit

After taking part in a heated Budget debate in the Dáil on Wednesday both Taoiseach Brian Cowen and Minister for Finance Brian Lenihan left for Brussels. Mr Cowen attend an EU summit which started on Wednesday evening and continued on Thursday. Mr Lenihan participated in a parallel meeting of EU Finance Ministers. Back to Top

President takes 10% salary cut

President Mary McAleese announced that she will follow the lead of Government ministers and take a 10% pay cut. The President was on a State Visit to Norway when her office issued a statement confirming her decision.

The heads of a number of State agencies have since followed her example. Back to Top

Claims that Sinn Féin is a major loser in US financial crisis

Newspaper reports, quoting unnamed sources, claim that Sinn Féin has been a major loser with the collapse in US banking stocks. It is alleged that the party had invested huge sums which had been raised from supporters in the States; the figures of €200m and €250m had been mentioned. Minister for Justice, Equality and Law Reform Dermot Ahern chose the latter when he became involved in verbal exchanges with Sinn Féin TD Caoimhghín Ó Caolain in the Budget debate. Mr Ahern assumed the figure to be true as Sinn Féin had not issued a denial. Back to Top

Health

More errors in reading X-rays

Another review of the work of a locum consultant radiologist is expected to reveal that hundreds of errors have been made. The review of some 6,000 X-rays and 70 CT scans was ordered after a small number of people who attended Our Lady of Lourdes Hospital in Drogheda and Our Lady's Hospital in Navan were found to have lung cancer, despite having been given the all-clear between August 2006 and August 2007. The vast majority of the misdiagnoses did not have any serious consequences for the patients concerned. Back to Top

Orthopaedic staff threaten strike action over move

Staff at St Mary's Orthopaedic Hospital in Cork city, who are to meet the Health Service Executive in the coming week, are threatening strike action over a plan to downgrade services. Staff at the hospital want the HSE to develop the 80-acre site at Gurranabraher rather than move the services to Cork University Hospital. Cork City Council has voted unanimously in support of the workers. Back to Top

€2.7m settlement for brain-damaged boy

The High Court has ordered a settlement of €2.7m to be paid to William Malone (14) who was permanently brain damaged after excessive experimental treatment for leukaemia over a four-year period. William had brought the action through his mother, Catherine, against consultant oncologists Dr Anne O'Meara and Dr Finn Breathnach of Our Lady's Hospital for Sick Children in Crumlin, where he was treated between 1998 and 2002. A high dose of a toxic drug used in the treatment of cancer was administered intravenously; 14 injections of the drug into the boy's spine over a nine-week period caused neurological damage. Back to Top

Travel & Tourism

People still have enough money to travel

The number of Irish people taking overseas trips is continuing to grow despite the slowdown in the economy. According to the Central Statistics Office a total of 845,600 Irish residents travelled abroad in August compared with 815,700 a year earlier. The rate of growth has slowed as in August 2006, 729,500 travelled overseas. Back to Top

The Irish Abroad

Irish pensioner missing in Italy

The authorities in northern Italy have scaled back their search for an elderly Irish woman who has been missing for the past ten days. Máiréad Geary (82), from Limerick, was with a tour group which had reached the town of Stresa. She was last seen at lunch time on August 10. She had taken a cable car to a viewing point on Mount Mottarone and went off walking on her own. Back to Top

The alarm was raised when she failed to join the rest of the party for dinner that evening. Ms Geary was an experienced walker and very fit for her age. Her two sons travelled to Italy to help with the search but were eventually advised by the police that there was no point in remaining there and have returned home. Back to Top

Annie Moore remembered in New York

Annie Moore, the Irish teenager who was the first immigrant to be processed through the Ellis Island Immigration Centre in 1892, was commemorated in New York last weekend. Many of her descendants were present when a monument was unveiled in her memory in Calvary Cemetery. Among those who spoke on the occasion was Niall Burgess, Consul General of Ireland in New York, while Ronan Tynan sang "Isle of Hope, Isle of Tears". Back to Top

Dublin woman drowns of California coast

Dublin teacher Nuala O'Donohoe (42) is missing presumed drowned after she disappeared while taking part in a retreat at Sonoma Coast State Park in California. On October 4 members of the retreat group chose an isolated spot to meditate, with each person out of the view of the others. Ms O'Donohoe selected a rocky outcrop and wasn't seen again. When she failed to join the others at the appointed time they went back to look for her and could see some clothes in the sea. It is thought that she was caught by a freak wave and washed out to sea. The California State Parks website warns that it is dangerous to swim on all North Coast beaches. Back to Top

President completes state visit to Norway

President Mary McAleese flew out to Oslo on Monday at the start of a four-day state visit to Norway. On Tuesday the president attended a State dinner hosted by the King and Queen and attended by the country's Prime Minister.

On Wednesday she delivered an address at the Norwegian Nobel Institute on "Paths to Peace – Reflections on the Irish Experience". Back to Top

Death of motorcyclist in France

Peter Maynes (33), an aircraft engineer from Killough, Co. Down, was killed on Saturday of last week in a motorbike accident in France. Mr Maynes worked for Lauda Air in Switzerland; he was previously employed in Mackies and Shorts in Belfast. Back to Top

Two years and a fine for killing wife

In a Spanish court on Friday Michael McArdle from Dundalk was given a two-year sentence and a fine after being convicted of causing the death of his wife Kelly-Anne in Marbella eight years ago. Judge Fernando Gonzales also imposed a compensation fine of €100k to be paid to Kelly-Anne's parents, and €60k each to the couple's two sons.

The sentence is expected to be confirmed within ten days, provided McArdle does not lodge an appeal. It is the practice in Spain to suspend sentences of two years or less when the convicted person does not have any previous convictions in Spain. Back to Top

Conservation & The Environment

Low-energy lighting for Tralee

Tralee is the site for a low-energy lighting experiment which, it is claimed, could go a long way to providing local authorities with the 33% energy reduction they are required to achieve. The ESB and Low Energy Designs Ltd of Wales have erected 30 LED street lights in Tralee Square and Abbey Court as a pilot project, with the results being shared with councils across the country.

The project sounds very admirable but I am always at a loss when I hear of pilot projects being undertaken to prove tried and tested solutions that have been implemented elsewhere. There doesn't appear to be a similar experiment with an alternative solution taking place elsewhere to provide a comparison. Back to Top

Landmark building demolished without permission

There is anger in Dublin at the partial demolition of a landmark Methodist Church near Croke Park. According to reports the owners of the 120-year-old disused church on Jones' Road did not have planning permission to demolish the building or develop the site. People living in the area became alarmed when a demolition team moved in on Tuesday.

Dublin City Council was informed and issued an order to stop the demolition. The work, however, resumed at 6:00am Wednesday. On this occasion gardaí were called and when they arrived the driver of a mechanical digger abandoned the vehicle and ran off. Back to Top

Planning permission granted on An Blascaod Mór

An Bord Pleanála has approved a controversial development on An Blascaod Mór which will see a cafe and other buildings constructed there. Some view this as a disaster for the island while it has been welcomed by others as it clears the way for the State to acquire most of the island and turn it into a World Heritage Site.

The State has been trying to acquire the land for some 20 years but the major landowner, an An Daingean-based solicitor, refused to sell. He finally agreed on condition that he would be granted planning permission for these developments. It has not been explained why the State failed to obtain a compulsory purchase order. Back to Top

Entertainment & The Arts

Oasis to top the bill at Slane

Noel Gallagher of Oasis flew in by helicopter to Slane Castle on Wednesday for the announcement that the group would be the headline act at next year's Slane Castle concert, which is scheduled for June 20. His brother Liam was also due to join him on Tuesday but was thought to be suffering a hangover somewhere. The band played at the same venue in 1985 but were not quite so well known at the time and supported REM. Tickets go on sale on October 24. Back to Top

First performance in Wexford Opera House

Fireworks on the quays preceded the staging of the first performance in Wexford's new opera house on Thursday. Guest of honour at the performance of Rimsky-Korsalkov's "Snegurochka (The Snow Maiden)" was Minister for the Arts Martin Cullen. Wexford Festival Opera, which specialises in reviving rarely heard operas, continues until November 2. Back to Top

Deaths

Death of feminist writer June Levine

The death has taken place of June Levine, journalist, author and a prominent member of the women's movement in 1960s and 1970s Ireland. She was aged 76. Ms Levine was married to psychiatrist Professor Ivor Browne. Back to Top

Murder inquiry in Cork

Gardaí in Cork launched a murder inquiry following the discovery last Sunday night of the body of Dónal Manley (62) at his home on High Street, in the Capwell area of Cork city. Neighbours raised the alarm after Mr Manley, a single man, had not been seen since Friday lunchtime.

Gardaí eventually issued an appeal for information about a tall man in a red jacket who was seen in the area on evening of October 12 and who may have been carrying a flat-screen television. An arrest was made on Friday night and on Sunday Paul Murphy (23), of Knocknaheeney in Cork, was charged with assault causing serious harm to Mr Manley. Back to Top

Road deaths in Counties Kerry, Kilkenny, Cork, Westmeath

•      Following a collision between a car and a truck at Caherciveen, Co. Kerry on Wednesday afternoon, the 80-year-old male driver of the car died in hospital on Friday night.

•      A collision between a car and a truck in Co. Kilkenny claimed the lives of the two men who were travelling in the car. The accident happened at around 4:25pm on Tuesday on the N76 Kilkenny to Callan Road. The victims were later named as Paul Martin (30), of Ashbourne, Co. Meath and Brian O'Keeffe (22), from Achill, Co. Mayo.

•      In Co. Kerry Patrick Downing (56), from Greenane, Kenmare, died in a road accident at Blackwater Bridge, between Sneem and Kenmare, at around 8:30am on Thursday. Mr Downing was trying to load cattle onto a truck when he was struck by a van.

•      Cornelius Jones (36), of Milford, Co. Cork was fatally injured on Thursday morning when his motorcycle collided with an SUV at Castlecor, Mallow.

•      A 24-year-old woman lost her life at Rossleaghan, Portlaoise in Co. Laois shortly before 3:00am on Saturday, when the car in which she was a passenger crashed into a building.

•      A 36-year-old male was killed when the SUV he was driving collided with a post at the front of a house at Slanemore, Ballynacargy, Co. Westmeath.

•      A 19-year-old youth died shortly before 1:00am on Sunday when he lost control of the car he was driving at Manch West, on the main Dunmanway to Bandon Road in Co. Cork. Back to Top

Business News

Property developers reluctant to complete deals

According to Justice Peter Kelly the Commercial Court is "littered" with claims for the fulfilment of contracts. Most seem to have been taken by landowners who had agreed to sell land to property developers. With the near collapse of the property market many of the sums agreed probably no longer make commercial sense.

Another sign of the country's economic problems is the number of house repossession cases before the High Court. Last week I reported 46 while this week it was 60, 23 of which related to Start Mortgages, which loaned to people whose financial circumstances were considered weak by the main mortgage lenders. Justice Elizabeth Dunne granted ten repossession orders and adjourned the others to give the mortgage holders a final chance to resolve their problems. Back to Top

Merrion Capital back under control of local management

Management and staff were among the beneficiaries when 84% of Merrion Capital was sold to Iceland's Landsbanki in 2005. At that time the amount they shared with other investors was €90m. Management is now back in control of Merrion Capital, having bought it back from Landsbanki which, in common with other Icelandic financial groups, has to raise as much capital as possible. It is not known what the selling price was but informed opinion suggests around €30m. Nor is it known if management was joined by other investors. Back to Top

Wexford hotel picketed by business community

Around 60 business men and women picketed Whites Hotel in Wexford on Thursday as part of a campaign to be paid in full for work they carried out on the hotel during a major refurbishment programme which was completed in 2006. Those involved in the protest claim they are owed €3.2m. Back to Top

Stock market settling down

The Dublin Stock Exchange was considered to have had a relatively quiet week by recent standards. The ISEQ index was down 5.25% on the week, to close at 2,720.38 on Friday. Back to Top

Weather

The week started calm, sunny and mild but Tuesday brought more prolonged heavy rain. From then until Sunday it was mostly fine although we had to contend with the odd heavy shower. Sunday was sometimes wet and always very windy although the sun shone for a period during the afternoon.

Gale force winds are going to be a feature of the coming week. Rainfall amounts may be acceptable for the time of year.

Latest Temperatures: Day 14C (57F).................Night 13C (55F) Back to Top

S P O R T

G.A.A.

Hurling/Shinty International

Sat:              Ireland 1-9         Scotland 1-10

Ulster Club Hurling Final

Sun:             Cushendall 1-14   Ballygalget 1-13

•      On Monday Ger Loughnane was relieved of his duties as Galway hurling manager. In a meeting held behind closed doors the Galway County Board voted 28-26 to dispense with the services of the Clareman.

•      Kerry football manager Pat O’Shea has stepped down with immediate effect. O’Shea had been in charge for two years and had won one All Ireland title. He cited work and family commitments for his decision. Back to Top

Soccer

World Cup Qualifying

                   R. of Ireland 1     Cyprus 0

                   N. Ireland 4        San Marino 0

Setanta Sports Cup Semi Finals

                   Drogheda Utd 0   Glentoran 1

                   Derry City 0        Cork City 1

Eircom Premier Division

                   St Patrick’s A P    Galway Utd P

                   Finn Harps 0       Sligo Rovers 2

                   Bohemians 0       Derry City 1

                   Cork City 0         Drogheda Utd 0

                   Galway Utd 4      Bray Wanderers 0

                   Cobh Ramb. 2     UCD 0

                   Shamrock R. 1    St Patrick’s Ath 3

Irish soccer team scrape a win

Ireland defeated Cyprus by one goal to nil on Wednesday night to stay joint top with Italy in their World Cup Qualifying Group. The Irish side looked very impressive in the opening minutes and Aiden McGeady and Damien Duff showed some wonderful skills to provide Robbie Keane with the opening goal after just five minutes. The attacking pattern continued for the remainder of the half but failed to produce any more goals. It was a different story after the interval and while Ireland came close on a number of occasions so did the Cypriots. In the end the final whistle brought a sigh of relief. Back to Top

Rugby

Heineken Cup

                   Sale Sharks 16    Munster 24        

                   Leinster 41         Wasps 11

                   Harlequins 42      Ulster 21

European Challenge Cup Pool One

                   Connacht 10        London Irish 27

AIB League Division One

                   Shannon 17        Garryowen 17

                   Ballymena Utd 5  Galwegians 19

                   Blackrock C 28    Terenure C 3

                   Buccaneers 8      UL Bohemians 9

                   Clontarf 30         St Mary’s C 19

                   Cork Con 16        Young Munster 21

                   Dungannon 15     UCD 13

                   Old Belvedere 16 Dolphin 11 Back to Top

Sports Shorts

Green Dragon leading Volvo Ocean Race

Green Dragon moved into first place in the Volvo Ocean Race at around 3:30pm (Irish time) yesterday. At 11:00pm the Galway-based yacht had a lead of seven miles over Ericsson 3 and was 18 miles ahead of Puma. Ger O'Rourke's Delta Lloyd was lying in sixth position, 47 miles behind Green Dragon. http://www.traclive.dk/events/event_20081011_VORLeg1/  Back to Top

Golf:

•      At the Portugal Masters Rory McIlroy was best of the Irish finishing on 12-under, seven shots off the lead of Alvaro Quiros. Darren Clarke and Peter Lawrie finished on –7 while Graeme McDowell finished on –4 with Garry Murphy two shots further back.

•      At the PGA Grand Slam in Bermuda Pádraig Harrington came off second best yet again as he lost in a play-off to Jim Furyk. Going up the final hole Harrington led Furyk by one but the American birdied to draw level. Furyk then holed an eagle to take the title and the $350k first prize. Harrington picked up a $180k cheque for second place.

•      Pádraig Harrington became only the second European to be awarded the PGA Player of the Year by the PGA of America. He follows in the footsteps of Nick Faldo. Harrington received the award after winning the British Open and the US PGA. Back to Top

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