Government agree to nominate Judge Rory MacCabe as a member of and the next chairperson of the Garda Síochána Ombudsman Commission.
Judge MacCabe also nominated by Government for appointment to the High Court
His appointment to GSOC will be made by the President following nomination by the Government and the Oireachtas. Judge Rory MacCabe was called to the Bar in 1984 and admitted to the Inner Bar in 1999. He was appointed to the Circuit Court in 2007. Prior to joining the Bar he was a Civil Servant.
The Term of Office of the current Chair, Ms Justice Mary Ellen Ring, ends on 11th December 2021.
The Minister for Justice, Mrs Helen McEntee TD, has today received the approval of the Government for the nomination of Judge Rory MacCabe as a member of the Garda Síochána Ombudsman Commission (GSOC) and as its next Chairperson. The nomination follows a selection process which sought expressions of interest from serving or retired judges to fill the role of Chairperson upon the completion of the term of office of the current Chairperson.
The Garda Síochána Act 2005 provides that the GSOC chairperson and commissioners are appointed by the President on the nomination of the Government, following resolutions in the Dáil and Seanad. The Hon. Ms Justice Mary Ellen Ring, a High Court judge, is GSOC’s current Chairperson; her term of office is due to end on 11 December 2021. She will now return to the High Court.
Minister McEntee said,
“The nomination of Judge Rory MacCabe follows an assessment process conducted by a selection committee established by the Chief Justice; to identify suitable candidates to be appointed to the position of Chairperson of GSOC. I am delighted to be able to nominate a person of Judge MacCabe’s experience and calibre to this important body. In light of the significance of the role of the Chair of GSOC and the recent precedent, I have also received the approval of the Government to nominate Judge MacCabe to the High Court.
I will now arrange for the necessary resolutions to be moved in the Oireachtas recommending his appointment as Chair of GSOC by the President.
I would like to express my sincere gratitude to the outgoing Chairperson, the Hon Ms. Justice Mary Ellen Ring. Over the last six years, Ms Justice Ring has served with distinction as Chairperson, providing strong and effective leadership to the organisation and has ensured that its reputation as an independent, impartial investigator of complaints against members of An Garda Síochána, has been enhanced”
An Post, on December 2nd last, unveiled stamps, which now marks the centenary of the signing of the Anglo-Irish Treaty.
The Irish Treaty was signed in London on December 6th, 1921, (100 Years tomorrow), by a delegation mandated by Dáil Éireann together with representatives from the British Government, latter event opening the way, for the first time, the establishment of an Irish Free State.
The stamps, and a commemorative First Day Cover envelope, were designed by leading designer Ger Garland.
The first stamp shown above, features the signatures of the Irish Treaty delegates – Arthur Griffith, Michael Collins, Robert Barton, Eamonn Duggan and George Gavan Duffy, and the British representatives – David Lloyd George (Prime Minister), Austen Chamberlain, Lord Birkenhead and Winston Churchill.
The second is a poignant reproduction of Arthur Griffith’s aspirational message after the treaty signing.
A collectable First Day Cover also shows a photograph of the Irish delegation in London.
The stamps and First Day Cover are available at all main post offices, or online HERE.
A once-in-a-generation scheme will be open to those who don’t have a current permission to reside in Ireland.
Scheme will open online for applications in January with applications accepted during 6 month window.
Applicants must have a period of 4 years undocumented residence in the State, or 3 years in the case of those with children.
Successful applicants will receive immigration permission, access to the labour market and can begin path to citizenship.
The Minister for Justice, Mrs Helen McEntee TD, has today announced that the Government has approved a scheme to regularise thousands of undocumented migrants and their families who are living in Ireland.
The scheme, which is a key part of Minister McEntee’s Justice Plan 2021, will be for long-term undocumented migrants and their eligible dependents, where the specific criteria is met.
It will enable eligible applicants to remain and reside in the State and to regularise their residency status.
There is no reliable data on the number of undocumented persons in the State but studies suggest there could be up to 17,000 undocumented persons including up to 3,000 children and that many could be in employment, although likely low paid employment.
Announcing the scheme, Minister McEntee said,
“I’m delighted that the Government has approved my proposal for this momentous, once-in-a-generation scheme. Given that those who will benefit from this scheme currently live in the shadows, it is difficult to say how many will be eligible, but we are opening this scheme for six months from January to allow people come forward and regularise their status. It will bring some much-needed certainty and peace of mind to thousands of people who are already living here and making a valuable contribution to our society and the economy, many of whom may be very vulnerable due to their current immigration circumstances. As a result, they may be reluctant to seek medical assistance when ill, assistance from An Garda Síochána when they are the victim of a crime, or a range of other supports designed to assist vulnerable people in their times of need. I believe that in opening this scheme, we are demonstrating the same goodwill and generosity of spirit that we ask is shown to the countless Irish people who left this island to build their lives elsewhere.”
People who are eligible under the scheme will:
Have a period of 4 years residence in the State without an immigration permission, or 3 years in the case of those with children on the date the Scheme opens for applications;
Be granted an immigration permission that allows for unrestricted access to the labour market; and
Have years of residence with that permission reckonable for the purposes of pursuing citizenship by way of naturalisation.
Those with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement.
Applicants must meet standards regarding good character and criminal record/behaviour and not pose a threat to the State.
Having convictions for minor offences will not, of itself, result in disqualification.
People with expired student permissions will also be able to apply.
Minister McEntee added,
“We know that regularisation programmes can yield import social benefits and improvements in economic living conditions and a reduction in the potential for exploitation in employment. There are also economic benefits, both for the beneficiaries who are granted access to the labour market and who can benefit from a wider range of job opportunities, and for the State in terms of increased tax yields and social security contributions. The scheme will include a parallel process to implement the recommendation included in the report of the Expert Advisory Group, led by Dr Catherine Day, by allowing international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of 2 years to apply.”
Outlining the rationale for this approach, Minister McEntee said:
“I am conscious of the recommendation made by the Expert Advisory Group, led by Dr Catherine Day, regarding people who have been in the protection process for two years or more. In regularising those who are long-term undocumented in the State, the Government is keen to also ensure that we address any legacy asylum cases so that the new system envisaged under the White Paper can come into operation in 2024 I am committed to reducing processing times of both first instance decisions and appeals to 6 months respectively, which will ultimately benefit everyone in the protection process.”
The scheme was developed following a consultation process with key stakeholders including NGOs that work directly with people and families, who are in vulnerable immigration-related circumstances, as well as inter-Departmental and operational stakeholders.
The time-limited scheme will open for online applications in January 2022 and applications will be accepted for 6 months.
Residents can read contents of this laughable, published and attached image themselves, composed first on November 24th, 2021.
Text of image left reads:
“Notice is hereby given that free parking is being made available to the public in the following town as follows: –
Thurles Town.
Free Parking for the first 30 minutes of every day for the month of December 2021.
[Then comes the real humour]. This initiative is designed to promote local trade and to encourage support for our local Traders, during the festive season.
Please shop local this Christmas.
We wish all our customers the compliments of the season.
This decision we must correctly assume was agreed NOT by Tipperary Co. Council, but by Thurles Municipal District Councillors controlled by Thurles Municipal District officialdom. We base this assumption on the information supplied on the Tipperary Co. Council’s own website, regarding other Tipperary Towns; Thurles as yet not included.
In Cashel: Free parking in all Public Car Parks each Saturday in December. In Cahir: Free parking in all Public Car Parks each Saturday in December. In Clonmel: Free Parking in Council owned car parks only. In Carrick-on-Suir: Free Parking in Council owned car parks at William Street, New Street, Strand Lane and Greenside, on the following Saturdays, December 4th, 11th and 18th. In Nenagh: From Saturday 11th to Sunday 26th December 2021, three hours free parking in carparks. Free parking continues to apply in the Railway Station Carpark, on a full-time basis. In Mullingar, Co. Westmeath: Shoppers will be able to park for free in council car parks for six days in December. The days when free parking will apply are December 11th, 17th, 18th, 22nd, 23rd and 24th. In Kilkenny City, Co. Kilkenny: From this morning Kilkenny County Council state that it is free to park at the Market Yard in the city from 9:00am to 12:00 noon, Mondays to Thursdays, for the next three weeks. There will also be no charge for vehicles that enter there after 6:00pm or at any time between December 25th and 28th. The carpark at County Hall will also be free every weekend in December: 5th/6th, 12th/13th, 19th/20th and 26th/27th as well as Monday 28th.
Of the above named Towns and City, where would you our readers shop, based on the info supplied?
Let’s Take A Look Now At Rules Imposed On Thurles Town Shoppers Christmas 2021.
But first, as part of sponsored content, the Tipperary Star Newspaper has announced via their publication, “The new installation of Christmas lights will be illuminated on the refurbished Liberty Square this Friday evening December 3rd at 5:00pm.”
“Sponsored Content”: Same is material in any online publication which resembles the publication’s editorial content, but is in fact paid for by a hidden advertiser and intended to promote that advertiser’s product. In this case the paid-for PR material is totally untrue and totally inaccurate.
To date, December 2nd 2021, 16 months later, the first part of the refurbishment of Liberty Square is unlikely to be fully completed before Christmas, with part two of the project possibly not yet gone to tender and unlikely to be completed before next April 2022, or indeed later, resulting in this project likely to take some 4 years since it commenced; should it continue past May of 2022. Only the upper western end of Liberty Square and the eastern end have lighting. Lights in the centre, however, to use the lyrics sung by Danny Kay are “all together as naked as the day that it (he) was born”
So whoever wrote the paid-for sponsored content, for the Tipperary Star Newspaper, same unnamed individual is plainly a fabricator of visual truth.
With the introduction of car parking charges in the town, most of the smart businesses with household names, like Elvery’s, An Post, Heatons, Quigley’s etc, etc, etc, either left the town altogether, or moved to Thurles Shopping Centre, where parking is provided free of charge. Others just shut up shop. As we prophesied, Thurles town centre has now moved with some of its shops, reducing footfall in Liberty Square by 75%.
Since the developers moved unto Liberty Square in August 2020, people have further avoided Liberty Square, as employees of all the developers understandable took over early morning, available customer parking spaces, both on the street and in Ulster Bank car park and the new car park, latter affectionately known as “Checkpoint Charlie”.
Having grasped all of these development issues, together with Covid-19 shutdowns, readers would have thought that struggling retailers should have been given a real break this Christmas to entice back footfall.
Currently parking on lower Liberty Square, Thurles has been reduced by approximately 8 car parking spaces, same designated to 5 Taxi spaces and 3 spaces for any 1 delivery truck . A further 2 spaces have been correctly given over for disabled parking. Currently about 14 other legal parking spaces only, remain available tonight, due to refurbishment staff vehicles and their site office.
We are informed by our Traffic Warden and some Councillors that stationary vehicles are permitted 15 minutes of free parking every day of the year. Surely the extra 15 minutes now added on for Christmas shopping, shows a middle finger to both retailers and their customers, by our local administration.
Where now is the farmer’s friend Mr Jackie Cahill TD and the millionaire’s friend Mr Michael Lowry TD and his Lowry Team councillors?
Where also is Thurles Chamber of Commerce in all of this?
Answer to both these questions is nowhere.
Since Mr Michael Ryan’s retirement as Thurles administrator, back in April 2016, quality and dedicated administration in Thurles, has been sadly lacking.
We now invite Ms Sharon Scully, to don her overcoat, scarf, gloves, plus wellies and armed with a note pad and pencil to make notes; take a walk around Thurles town and introduce herself to the retailers. Note please, the empty shop buildings and the damaged sign posts. Please come on a Friday morning, if possible, when stinking offal is being driven through the town centre, usually between 11:00am and 12:00 noon, forcing shops to close their doors because of the stink. Note what pedestrian crossing lights are not working; where the grass is growing in our drains and on our pavements; visit Kickham Street and survey the river of water flowing down the roadway and the water filled potholes damaging people’s homes. The glass bottles and clothing falling from ‘Recycling Pods’ in various parking areas; the continuous destruction of our new town park; the graffiti; the raw sewage flowing into the river Suir, the litter bins unfit for purpose, etc, etc, etc.
Finally, in Tralee, Co Kerry: Parking will be free all day in Council-owned car parks in the town from November 29th 2021 to January 2nd next 2022. Parking is subject to a maximum stay period of four hours in all Council car parks, except in Garvey’s car park (2 hours); St John’s/Abbey (2 hours); Tesco town centre (2 hours) and Parklands (2 hours), to ensure traffic flow. Traffic wardens will continue to monitor and enforce illegal parking during this period. Tralee traders on social media are protesting, stating# Tralee for next five weeks, “Don’t feed the Meters”.
Land and Conveyancing Law Reform Act 2021 comes into effect today.
Averts ‘legal cliff-edge’ due to take effect immediately after 30th November.
Reforms law on prescriptive easements and profits à prendre.
The Minister for Justice, Mrs Helen McEntee TD, has today welcomed the passage and enactment of the Land and Conveyancing Law Reform Act 2021. The Bill completed its passage through both Houses of the Oireachtas on Wednesday 24th November, and was signed into law by the President on Friday 26th November. The Act comes into operation today, Tuesday 30th November.
It repeals a number of changes to the law on prescriptive easements and profits à prendre, under the Land and Conveyancing Law Reform Act 2009, which were due to take effect on Wednesday 1st December.
‘Prescriptive easements’are ones that have been acquired by prescription (that is, by long use as of right, where there is no written deed formally granting the right, or the written deed has been lost). Various legal conditions apply – in particular, the claimant must prove a minimum number of years of continuous use, as of right, in order to establish that she/he has acquired a prescriptive easement or profit à prendre. Twenty years was the usual period of use before the 2009 Act.
‘Profits à prendre’ are less common, and are private rights held by a person (not necessarily a property owner) over another person’s land (not necessarily a neighbour) that involve taking a natural product of the land (such as fishing or shooting rights, or certain traditional seaweed gathering rights).
The Minister said, “I’m delighted to welcome the timely enactment of this urgent Act. It averts a legal cliff-edge that was due to occur on 1st December, when major changes to the law on private rights of way, and other prescriptive rights, were due to come into effect.
I know that those impending changes have been causing worry and stress to many people, with farmers and homeowners at risk of losing important rights that have been enjoyed for many years without dispute. This Act repeals those changes, and protects acquired rights and acquired years of use”.
Common examples of prescriptive easements include:
a right to use water or sewerage pipes, running under a neighbour’s land,
a right of support between adjoining buildings that have different owners,
a private right of way to access your home, or field, over a laneway that runs across your neighbour’s land.
The Minister continued, “Legal terms such as ‘prescriptive easements’ or ‘profits à prendre’ can sound very remote and arcane (mysterious or secret) but in practice, these are issues that have very direct and practical consequences for many people.”
Serious concerns had been raised by stakeholders, including the Law Society and the Bar Council, about the changes that were due to take effect on December 1st 2021.
Minister of State Mr James Browne TD, who steered the legislation through the Seanad, added:- “The Land and Conveyancing Law Reform Act 2009 was a major piece of reforming legislation, which repealed a large number of outdated laws and concepts, and modernised much of our land and conveyancing law. However, after carefully considering the concerns raised by stakeholders about this particular chapter of the 2009 Act, it was clear that in this particularly complex legal area, the 2009 provisions were not working as intended. I am grateful to the Law Society and the Bar Council, in particular, for their work to highlight these difficulties. I would also like to thank all the stakeholders who worked with my Department to develop the provisions of the Bill, and the Attorney General for the valuable legal advice and drafting expertise provided.“
As well as repealing the major changes due to take effect on December 1st 2021, under the 2009 Act, the Land and Conveyancing Law Reform Act 2021 provides that:-
claims to validate or register a prescriptive right that are already pending on 30 November (before the courts, or the Property Registration Authority) will continue to be decided as they were before 30 November (as transitional cases, they were decided under the law that applied before the 2009 Act);
periods of long use that were acquired before or during the years 2009 – 2021, will not be lost on November 30th, if no claim has been made, but can still be counted in a claim made after that date(the clock is not re-set);
new claims (brought after 30 November 2021) will largely be decided under the judge-made law (the ‘doctrine of lost modern grant’) that applied before the 2009 Act. This reflects the strong preference expressed by stakeholders, who see these as the most satisfactory and familiar set of rules available, pending more detailed review;
it will still be possible to confirm a prescriptive right, either by applying to court or by registering it directly with the Property Registration Authority. But this will be optional, (as it was before the 2009 Act), rather than a mandatory requirement to avoid losing any rights acquired through long use.
Minister McEntee concluded, “The Act addresses the most pressing need, by repealing the major changes due to take effect on 30 November, and thus removing the deadline. However, more comprehensive reform may be required. The Government has agreed to establish a time-bound review to identify any further changes that are desirable to ensure that this area of law is placed on a sustainable long-term basis. I hope that the review could start work early in the New Year, with a view to completing its work by the end of the summer.”
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