Politics - Thurles Information

Defamation Bill Published.

Robust, fair and proportionate legislation will meet the challenges of an increasingly complex media landscape.
Abolition of juries in High Court defamation actions will reduce disproportionate and unpredictable awards.
Protections against SLAPP proceedings, which are recognised internationally as a threat to press freedom and democracy.
Range of provisions to support agreed resolution of defamation cases and reduce high legal costs.

The Irish Government have granted approval to publish the Defamation (Amendment) Bill 2024. The full text of the Bill will be published on the website of the Houses of the Oireachtas next week.

The Bill provides for a range of reforms to address concerns raised by stakeholders during the public consultation on review of the Defamation Act 2009. Its publication marks significant progress on the Programme for Government commitment to review and reform Irish defamation laws.

The main purposes of the Bill are to:

Tackle disproportionate awards, and support more consistent, proportionate and predictable redress in defamation cases, including the abolition of juries in High Court defamation cases.
Support easier access to justice for individuals whose reputations are unfairly attacked.
Provide that, if a person is defamed, the correction must be the same or similar prominence to the defamatory publication.
Provide enhanced and clearer protection for responsible public interest journalism.
Reduce legal costs and delays for all parties, by supporting the use of alternative dispute resolution (ADR) and by measures to encourage prompt correction and apology, where mistakes are made.
Deter abusive use of unfounded defamation proceedings, particularly SLAPPs*.

* SLAPPs are unfounded and abusive legal actions that aim to silence those working in the public interest on matters such as fundamental rights, the environment, and public access to information.

Several further key reforms are being finalised, during the Bill’s passage through the Oireachtas. These include the clearer and simpler defence of fair and reasonable publication in the public interest, which is particularly important to protect responsible public interest journalism.
They also include a statutory power for the Circuit Court to issue a ‘Norwich Pharmacal’* order, directing a digital services provider to identify an anonymous poster of defamatory online material, thus significantly reducing the legal costs for a person subjected to such comments. Work on a power for the courts to award damages for harm suffered by a person targeted by SLAPP proceedings is already in the pipeline.

* A Norwich Pharmacal order is an order made by the court which compels the respondent to disclose certain information or documents to the applicant. This form of order is primarily sought as a means of identifying the appropriate defendant to an action. It is commonly sought against an innocent intermediary who, although not directly involved in the offending activity, holds information or documentation required for the issuing of proceedings.

The Bill will introduce a new statutory defence in ‘retail defamation’ cases, which is in response to stakeholder concerns about a large recent increase in claims of verbal defamation made against retail businesses, particularly against SMEs.

The Circuit Court has repeatedly held that it is not defamatory, for example, simply to ask a person who walks past the checkout to leave the shop with goods, to produce a receipt for them; or to explain that a banknote cannot be accepted in payment, if it does not seem to be legal tender. Nevertheless, defamation claims in such cases are now generating significant extra legal and insurance costs for these businesses.

The Bill addresses the problem by providing a new statutory defence for the retailer, which builds on the defence of qualified privilege. The new defence does not apply if the retailer is acting with malice, or if the retailer’s comments are publicised excessively, when discretion could have been used.

The Bill gives effect to the General Scheme for a Defamation Amendment Bill which was approved and published by Government on 28th March 2023. It responds to the Report of the Review of the Defamation Act, published in March 2022, which was informed by an extensive public consultation.

The Bill also takes account of the pre legislative scrutiny report on the General Scheme, published by the Oireachtas Joint Committee on Justice on 27 th September 2023.

No Parking Proposed For Parnell Street In Phase 2 Planning Report, Liberty Square.

No Parking proposed for Parnell Street in Phase 2 of Liberty Square recent Planning Report.

We may have misled our readers in our report of July 23rd last, regarding the Proposed Parnell Street & Cúchulainn Road Layout In Thurles.

Parnell Street *(formerly New Street)* **at the junction *(right)* with** **Cúchulainn Road *(formerly Nicholas Street)*.**

To correct this; Under section 6.3.4 of the proposed Phase 2 plans, now at discussion state, we read: [Note in all quotes herewith, same are taken exactly as stated on the Phase 2 Report].
“There is to be the introduction of double yellow lines, prohibiting parking on Parnell Square, north and south of the Parnell Street car park.”

Full prohibited parking on Parnell Street is indeed most welcome, same having been sought time and time again and refused by council officials. Same will be seen as a blessing, especially by HGV drivers and all on-coming vehicles they met, thus removing the frustration experienced by all, especially those servicing 3 large schools in this area.
The referred ‘Parnell Square’ of course does not exist as an area in Thurles, (possibly mistaken copied from Dublin’s national plan), however, we now understand that this proposal refers to the full length of both sides of Parnell Street in Thurles town, which extends certainly to Thurles Railway bridge and possibly ends at the junction with Bohernanave, before it joins Castlemeadows, on the R498, at Semple Stadium. Here double yellow lines already exist fully on the left-hand-side, as vehicles travel slowly north over sunken collapsing drain covers. Same yellow lines also partially exist on the right-hand-side of the narrower sections of this medieval roadway; when travelling in the same direction.

Under section 6.3.5 of this proposed Phase 2 plan we read:-
Quote: “To counter the reduction in the parking spaces in the Square, [Liberty Square], Tipperary County Council, as part of a separate project, is developing a new car park, which is to be located within the Parnell Street Car Park, to the northwest of Liberty Square.
This new car park will consist of a total of 50 new parking spaces and is to be delivered prior to the Liberty Square Phase 2 scheme. This leads to a net gain of 30 spaces, for public parking, when combined with this scheme.

In our report of July 22nd found HERE and entitled “Proposed Liberty Square Layout Phase 2”, readers will be aware of a loss of 19 car parking spaces, including a Taxi Rank, under this proposed, long overdue, Phase 2 upgrade.
The 19 car parking spaces lost in Liberty Square, when added to the 21 car parking spaces, due to be axed on Parnell Street, as part of this new planning proposal, we calculate as a loss of 40 lost/removed spaces in total.
This figure calculated, immediately calls into question the figures supplied by the authors of this poorly prepared report, which they claim is a net gain of 30 spaces. [50-40=10 not 30]
Where these extra 50 car parking spaces can be provided ‘northwest of the Liberty Square car park’ is not disclosed. But it has been suggested that an announcement by councillors of the purchase of new land, may be ‘being currently kept under tight wraps’.

Passage of Courts, Civil Law, Criminal Law & Superannuation Bill Welcomed.

Passage of Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 Welcomed.

Mandatory retirement age for uniformed public servants to increase from 60 to 62 years for those who wish to avail of it.
Carrier liability fines to increase where airlines allow passengers to board without proper documentation.
Maximum penalties for a number of serious knife-related offences to increase.

The passage of the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 has been welcomed today.

This Bill will allow for an increase in the mandatory retirement for uniformed public servants, including members of An Garda Síochána, Prison Officers and the Defence Forces, from 60 to 62 years of age, for those who wish to avail of it

The Bill will also increase the maximum fines payable by airline and ferry companies, where they allow someone to travel into the Irish State without proper documentation.

The Bill restores the power of the Minister for Justice to revoke certificates of naturalisation. The Damache Judgement in the Supreme Court found the process lacked necessary safeguards.
The circumstances in which certificates can be revoked remains unchanged and include where a person poses a security risk to the State or where citizenship was obtained through fraudulent means.

The Bill will also increase the maximum penalties, upon conviction on indictment, for the following four knife-related offences;

Possession in a public place of an article intended to cause injury to, incapacitate or intimidate the person.
Trespass with a knife, weapon of offence or other article which has a blade or sharp point.
Production of an article capable of inflicting serious injury.
Manufacture, sale, hire etc. of offensive weapons, (of such description as may be specified by Ministerial order).

The Bill also includes a number of amendments to the Judicial Council Act 2019, to provide for changes to the personal injuries guidelines to address issues identified by the Supreme Court in the recent Delaney case.

Incompetence Personified By Tipperary Co. Council.

On May 22rd 2024, Tipperary Co. Council announced, through a notice posted here on their website, that the bridge junction, crossing the river Suir, joining Cathedral Street, Emmett St and Liberty Square, [known locally as ‘Barry’s Bridge’ situated on route N75 east out of Thurles, town centre] would close nightly from 7:00pm until 5:00am, for an estimated 8 day period, beginning Monday, June 17th, until Tuesday, June 25th last.

In an email received by Thurles.Info in 2023, from the now retired Tipperary Co. Councils Chief Executive, Mr Joe MacGrath, this resurfacing work had been scheduled for May of 2023, and was already now over one year late.

According to the notice then posted, traffic was initially required to travel along the Mill Road into Littleton village first; then to the Horse & Jockey, before returning to Thurles via the N62; latter a distance of 21.7k (some 13.5 extra miles), instead of using the Archerstown route and onto the N62, close to the rear of Thurles Golf Club.

On June 25th, 2024 Tipperary County Council announced here on their website that they would extend the closure time of this same N75 Thurles Bridge upgrade. Same was to close nightly again, from 19:00hrs (7:00pm) until 05:00hrs (5.00am), from Thursday night, June 27th, 2024 (10 days later) until Friday morning, July 05th 2024 (again 8 days), in order to facilitate this same resurfacing works.

Fact: This work was satisfactorily completed in one night, including the necessary painting of grid lines on the yellow box junction which facilitates Emmett Street.

So it appears that a Computer Administrator, paid by the taxpayer, had been instructed to upload misleading information on two different occasions onto the Tipperary Co. Council website.

But, this is not the worst offence committed.

Tipperary Co. Council Climate Action Plan 2024 – 2029. (See section 2.3 of latter link).
“Identify sites for large scale native and mixed woodland planting and set targets for planting and maintaining native trees in urban and rural areas, to enhance carbon storage; biodiversity and landscape; air quality, and urban heat island mitigation.“

Prior to this truly one night resurfacing upgrade, signs had been erected, supposedly to accurately direct traffic. Some signs, however were totally misleading to motorists and all these signs broke the rules of basic responsible administration.

**Sheet Metal Tech Screws used to attach diversion signs to trees**.
*Pic: G. Willoughby.*

Res non Verba (Deeds, not Words),

Note: 3 easy drive, flange, self-drilling, stitching screws, with washers, were used to attach each sign. Same stitching screws are normally used to drill into 4mm metal sheets.

The diversion signs have now been removed, as have the Sheet Metal Tech Screws, but just in the last few days.

**Misleading diversion signs on Cathedral Street**.
*Pic: G. Willoughby.*

Three of the signs using these Sheet Metal Tech Screws were attached to 3 living trees, (two on the N62 near Thurles Golf Club and a third near ‘The Source’, opposite Thurles Cathedral on Cathedral Street in the town centre.)

The other plastic signs were attached to zinc coated signposts, with same screws which, no doubt, with the coating now removed, will encourage rust.

The ‘Diverted Traffic’ direction sign on the Cathedral Street Roundabout, diverted traffic directly unto Thurles Bridge, where this imaginary 8 nights of work was due to commence. A short distance further on, near ‘The Source’, some 60 metres from the area to be resurfaced, the sign read ‘End Detour’.
Most resident motorists remain mystified as to these instructions then being offered.

The waste of taxpayers’ money and major incompetence continues.

Upgrade Of N75, (Kickham Street, Thurles) Halted Due To Lack Of Funds.

“The Town Centre First (TCF) policy aims to create town centres that function as viable, vibrant and attractive locations for people to live, work and visit, while also functioning as the service, social, cultural and recreational hub for the local community.” – See Town Centre First.

We learn this morning that the major upgrade of the N75, (Kickham Street), latter the main entry and exit route into and out of Thurles town (See Images) will now not go to tender, due to a lack of funding for the project from Transport Infrastructure Ireland.

To refresh our readers memories regarding this ongoing saga, please View Here and also View Here.

Meanwhile, here in Thurles, Co. Tipperary, other new serious concerns are being expressed by Thurles residents and local businesses, regarding the removal of parking spaces from within the Thurles town central area, due to a number of recent public announcements, none of which are being communicated by recently elected local representatives or Tipperary Co. Council officials.

The commitment that “The Town Centre First Plan will be driven by the local community and businesses as part of a Town Team, who will be supported by Town Regeneration Officers and technical expertise within each Local Authority”, appears to have been totally disregarded by council officials. See Town Centre First.

The announcements, raising such concerns, are emanating from Thurles Leisure Centre, and are as follows:

Tipperary County Council intend to now close the 49 space car park established in Thurles Town Park, beside The Source building, latter positioned at the entrance to Cathedral Street, with effect from August 6th 2024, until December 2025, (16 months). Same closure is to effect the installation of a canopy over the existing car park area, thus creating an event space and also to refurbish an existing Great Famine era farm shed, into an 83 seater restaurant with glass facade café. Under this completed development it is planned to remove 16 car parking spaces from this area.
The Department of Rural and Community Development approved funding of over €3 million for this Thurles Market Quarter Project, with undeclared substantial match funding element also provided by the taxpayer through Tipperary County Council.
Problems arose last December with regards to the leasing by Tipperary Co. Council, of the 100 space car park, behind the now derelict Thurles Munster Hotel, Cathedral Street, owned by Mr Martin Healy. Although it was announced on TippFM radio on March 5th, that a 12 month deal had been agreed between the owner and Tipperary Co. Council; the Council and the property owner are now believed to have failed to agree any such new leasing agreement, leaving any future ongoing access to this car park in doubt and uncertain from next September. People will also be aware that present management at the Mary Immaculate College (formerly St Patrick’s College), as is their right, no longer allow parking on the College avenue and grounds.
With 60% of parking removed from Liberty Square in the past 3 years; as many as 19 other car parking spaces are expected to be removed from the west end of Liberty Square, if and when work begins on that same long drawn out project, first begun on August 17th, 2020.
Some 40 car parking spaces are expected to be removed with the expected upgrade to take place on Slievenamon Road (N62), between Liberty Square and Thurles Shopping Centre Roundabout.
The car park provision, underneath ‘The Source’ building, has remained closed for the past number of years due to anti-social behaviour, which saw the low uncovered ceiling insulation torn down by idle hands, resulting in same being set alight, causing a small fire at this location, back in October of 2023. Both car parks within this immediate area, were intended for use by patrons of ‘The Source’ Arts Centre, including Thurles Library, the Thurles Town Park children’s play area, the Thurles Leisure Centre, local businesses and those attending daily religious services, in the nearby Cathedral of the Assumption on Cathedral Street, in the town.