Archives

New Bill Will Implement Biggest Reform To Judicial Appointments In Decades.

Minister Mrs Helen McEntee publishes Bill to implement biggest reform to judicial appointments in decades.

  • Judicial Appointments Commission Bill 2022 provides clear process for appointing judges.
  • New measures mean all candidates, including serving judges, will undergo new application and interview procedures.
  • Candidates will be required to undergo judicial training or continuous professional development.

The Minister for Justice, Mrs Helen McEntee, T.D., has today announced that the Judicial Appointments Commission Bill 2022, was approved by Government earlier this week and will be published shortly.
This represents an important step forward in the reform of the judicial appointments process as committed to by the Minister, most recently in Justice Plan 2022.

This Bill, when enacted, will lead to the biggest reform in the way judges are chosen for appointment in a quarter of a century.

A number of key changes have been made to the Bill from the General Scheme as published by Minister McEntee in December 2020.

The changes include:

* Number of recommendations – 3 persons to be recommended instead of 5 recommendations as provided for in the General Scheme and an additional 2 recommendations for a second and additional vacancies. For example, this would mean seven recommendations for three vacancies

* Only persons recommended by the Judicial Appointments Commission to be recommend by the Government for appointment by the President

* Interviews – Any person – new applicants and serving judges seeking promotion to higher courts – who is to be recommended to the Minister for Justice for appointment should have been interviewed by the Judicial Appointments Commission

* Diversity – The Commission will be required to publish a diversity statement committing to the objective that membership of the judiciary should reflect the diversity of the population as a whole.

* Continuous Professional Development – Candidates will be required to show they have undertaken judicial training or continuous professional development

Minister McEntee said:
“In the hundred years since the foundation of the state, our judges and our judiciary have served us extremely well. In proposing this legislation, I hope that it will enable the continued appointment of excellence judges which are a cornerstone of a strong, independent judiciary.
It is vital that we have a very clear process for judicial appointments, one that people understand and have full confidence in.

The Bill I am publishing today allows for the establishment of a Judicial Appointments Commission of nine members, chaired by the Chief Justice, to replace the current Judicial Appointments Advisory Board.
All 4 lay members of the Commission will be selected and recommended by the Public Appointments Service.
The current JAAB process only concerns first-time judicial appointments, with no statutory advisory role in place relating to appointments from the ranks of serving judges.

This Bill will ensure that anyone who wishes to be considered for appointment to judicial office, including serving judges, will apply to the Commission and undergo the same application and interview processes.
Membership of the judiciary should also reflect the diversity of the population as a whole and a new diversity statement will commit the Judicial Appointments Commission to that objective.

I look forward to working with all members of the Houses of the Oireachtas to bring this legislation to enactment as soon as possible.”

The approval of this Bill follows a substantial process of consultations, in particular with the Attorney General, the European Commission and the Chief Justice.

Commenting on the changes made in the Bill to the General Scheme, Minister McEntee stated:
“In a change from the previously published General Scheme, three persons are to be recommended instead of five, with an additional two recommendations for a second and additional vacancies. This will ensure that we are meeting all of our necessary obligations under EU law.
I am strongly of the view that a candidate should be recommended only after being interviewed, so I have made this a requirement in the Bill.
Additionally, I have included a requirement that judicial appointments will reflect the need for candidates to undergo judicial training or continuous professional development.
I am committed to improving training and continuous professional development right across the justice sector. This is crucial to providing a better service to people who need to engage with our justice system and those who work within it – from our Gardaí to our judges – and I am pleased the Judicial Appointments Commission Bill reflects this priority.”

The Judicial Appointments Commission will set out best practice selection procedures including interviews and the knowledge, skills and attributes required of judges.

New 20 Cent Levy On Disposable Cups, If EU Agreeable.

Ossian Smyth T.D.

A 20 cent levy on disposable coffee cups is expected to come in to effect later this year according to Junior Minister of State at the Department of the Environment, Climate and Communication, Mr Ossian Smyth.

Mr Smyth confirmed this morning that the Circular Economy Bill 2021, will lay out the necessary legislative basis for the levy, aimed at reducing and eventually eliminating an estimated 200 million cups that are thrown into landfill each year.

Mr Smyth has stated that the aim is not to raise money from the levy, but to change the habits of consumers. The Bill hopefully, which has already been approved by Cabinet, will now make Ireland the first country in the world to eliminate the use of disposable coffee cups.

The Restaurants Association of Ireland has said it has some concerns about the proposal and is anxious to know more.

Continuing on the topic of littering;
Mr Smyth has confirmed that local authorities will soon be empowered to use CCTV footage to bring prosecutions in relation to those persons found fly tipping.
Local authorities have in the past attempted to collect the evidence required to convict people and have found that they run up against current privacy and data protection issues.

Such required regulations are regarded as being long overdue.

It Happened On This Day: 173 years ago.

“How can men feel themselves honoured by the humiliation of their fellow beings?” – Mahatma Gandhi.

A ‘Great Famine Walk’ between Louisburgh and Doolough, Co. Sligo, takes place every year to commemorate what history records as the “Doolough Tragedy”.

Today, here in Thurles, as the last piece of our Great Famine heritage (1845-49) is finally eradicated from the face of this earth, supported by Mr Seamus Hanafin, (Fianna Fáil Councillor) and others, we remember that 173 years ago, on this same day, (Friday March 30th, 1849), two officials of the Westport Poor Law Union arrived in Louisburgh, southwest Co. Mayo.

“Doolough Tragedy” In ár gcroíthe go deo.

Their purpose for coming, was to inspect people who were in receipt of outdoor food relief and to verify that same should continue to receive it.

This inspection, did not take place as scheduled and the two officials moved on to Delphi Lodge, considered more suitable to accommodate, worthy inspecting officials.

The lodge today is situated some 12 miles (19 kilometres), south of Louisburgh, on the southwest corner of Clew Bay in County Mayo. It was here they chose, to spend a night or two.

Delphi Lodge was first built in the 1830’s by the Marquis of Sligo as a hunting/fishing lodge. The family seat was Westport House, near Westport, County Mayo. [Family titles included – Baron Mount Eagle, of Westport in the County of Mayo (created 10 September 1760), Viscount Westport (in 1768) and Earl of Altamont (in 1771)].

It is stated that the building was named ‘Delphi’ based on the area’s similarity to the home of the “Oracle” in Greece, latter an important shrine, built around a sacred spring, and regarded as the ‘omphalos’ (meaning the centre or navel) of the world.

Over the next 120 years, it was used throughout by the family or on occasion leased out to British army officers and members of the protestant clergy.

In 1903 Delphi Lodge was visited by King Edward VII, and in 1995 by a recent visitor to Tipperary, last week, Prince Charles.
This house eventually fell slowly into semi-dereliction until rescued in 1985,
by Mr Peter Mantle, together with investors, who restored the Lodge, its Cottages and Fishery.

Meanwhile, 173 years ago, the several hundred people who had gathered for this now delayed inspection, were consequently instructed to appear at Delphi Lodge, at 7:00am the following morning. The lodge was then owned by Mr George John Browne [1820–1896] 3rd Marquess of Sligo. The ultimatum in the inspectors instruction stated that if they wished to continue receiving their relief, they should be present to be examined.

For much of the night and day that followed, hundreds of Irish people, same destitute, starving and in a weakened and infirm state, had to undertake what for them was an extremely fatiguing 12 mile journey, in extremely cold, wet and windy weather.

In a letter written to the “Mayo Constitution” newspaper, [Published January 3rd, 1828 – May 11, 1872], a short time later; we learn that the bodies of seven persons, including women and children, were subsequently discovered on the roadside, between Delphi Lodge and Louisburgh, which overlooks the shores of Doolough lake, and that nine or ten more people never reached their homes.

Other sources claim that the total number of dead numbered 20 people, while local people claim that the number who died along the way exceeded all previous reports.

Co. Sligo has chosen to hold on to its strong history; on the other hand, Thurles Councillor Mr Seamus Hanafin and Tipperary County Council Officials have decided to destroy Tipperary history, without the consent of Thurles residents.

Public Entitled To Expect Highest Standards From Local government !

“The public is entitled to expect conduct of the highest standards from all those involved in the local government service, be they councillors, county/city managers, other local authority staff or non-councillor members (“external members”) of local authority committees.”Local Government Act 2001
Ethical Framework for the Local Government Service
. View HERE.

Councillors in carrying out their role are obliged to make decisions based solely on consideration of the public interest and the common good.
More generally, councillors should in all matters seek to ensure that their conduct does not bring the integrity of their office or of local government into disrepute.

“Continued progress on the Suir river walk” – Quote Councillor Seamus Hanafin. (February 20th, 2022).

Last year saw the completion of the first phase of the Suir River walk from Thomond Road to Clongour. The path was resurfaced and widened and has made the walk much more accessible and pleasant for everyone. Lots more people are using the walk as a result.
Over the next six weeks we will see more progress with two more sections being upgraded.
This coming week contractors will begin site preparation works on the pathway running from Monakeeba to the Mill Road through the double ditches. Some vegetation will be removed and illegal dumping cleaned up.
Over the next 4 to 6 weeks they will then commence widening of the path, re-surfacing and fencing.
This will provide an off road walk from the Mill Road to Kickham Street
When this is completed, contractors will then move to Ladyswell to carry out the same works from the Turtulla side to the Mill Road.
This work is very welcome and will be a real addition to the amenity of our town. Phase by phase we are delivering a better, safer and more accessible leisure route around our town.
As always, I want to acknowledge and thank Thurles Lions Club who have been to the fore in this project and the management and engineering staff of the Thurles Municipal District for their on-going efforts.
Work will continue to deliver further sections of the walk.”
View HERE.

NB: Thurles Lions Club in no way wishes to be associated with Mr Hanafin’s press release, which has brought about the wanton destruction of the last visible piece of Thurles town’s Great famine heritage.

Using the video shown hereunder, compare Mr Hanafin’s 6 week old press release with what actually happened last weekend, with an on-site workforce continuing to toil last Saturday in an effort to speed up their destruction. Take into account that in the 6 preceding weeks, as promised, not one supermarket trolley, not one fridge, not one washing machine, not one hoover, not one discarded item of clothing, not one rotting mattress, bottle or can etc. was removed from this Great Famine Double Ditch.

Having taken action without the consent of his local electorate; Fianna Fáil Councillor Mr Seamus Hanafin should now resign his post, as Chairperson of the Thurles Municipal District Council and TD Mr Jackie Cahill, who supported Mr Hanafin, should resign his seat in Dáil Éireann.

“The Local Government Act 2001 (“the Act”) sets out a new ethical framework and imposes a statutory duty on all in the local government service to maintain proper standards of integrity, conduct and concern for the public interest.” Local Government Act 2001 [Updated to 19 October 2016].

“Our heritage is about our past, our present and our future and contributes greatly to the quality of life in our urban and rural communities. It is shared by all and is fully inclusive. Interaction with our heritage not only provides physical and mental health benefits but contributes to overall well-being, while biodiversity is an essential component in the functioning of our environment”. – Signed by Mr Joe MacGrath, Chief Executive, Tipperary County Council.

Tipperary County Council Chief Executive Mr Joe MacGrath, in light of his total failure to communicate, and indeed other failures, should immediately also be asked to resign his position.

It is important that our readers take a few moments to peruse the “Inner Relief Road, Archaeological Survey”, paid for by Tipperary Taxpayers; forwarded to me by Ms Sharon Scully, (Thurles District Admin.), following a complaint made by me to the Standards In Public Office Commission (SIPO), and published yesterday HERE.
New to her current admin post in Thurles MDC, Ms Scully informed me that the Great Famine Double Ditch did not exist, based on this same Archaeological Survey and indeed so misleading is this survey, her comment in 2021 is totally understandable.

On Wednesday last, March 23rd, we watched, helplessly, as the last vestige of our local Great Famine Heritage was eradicated, together with its rich biodiversity and at least 12ft X 9in of thick, mature Whitethorn.
In an effort to call a halt to the destruction of both the biodiversity and heritage, we attempted to contact the offices of the National Parks & Wildlife Service, same department under the umbrella of Minister of State Mr Malcolm Noonan, (Carlow/Kilkenny Constituency).

Indeed, since his appointment as Minister for Heritage (together with Electoral Reform) in July 2020, we had contacted him by email regarding the saving of this piece of Thurles heritage, on numerous occasions.
His only reply, dated 22nd Aug 2020, at 20:25 hours, and emanating from Malcolm.Noonan@oireachtas.ie, to me, read:

A chara,
Thank you for taking the time to contact me. If your query is in relation to my role as Minister of State with responsibility for Heritage and Electoral Reform, please contact my departmental office at MOS@housing.gov.ie
Otherwise, you will receive a response as soon as is practicable.

Is mise le meas,
Malcolm Noonan, T.D.
Minister of State for Heritage and Electoral Reform.
His constituency office passed it on.

March 24th/25th, 2022: On attempting to contact the Department of National Parks & Wildlife Service, using their given online contact number, (076) 100 2649, for their District Conservation Officer for Tipperary north, I was to discover that all rangers were working from home for over two years and their office was empty, phones not manned.

Not to be outdone, I contacted the Minister Noonan’s office. A telephonist tasked with redirecting calls to the Parks & Wildlife Service, explained that she couldn’t give me any of the Rangers contact numbers (Private Phones), but she would transfer me to a ranger that was flagged as “active”.
There was no reply. In all, she transferred me to 8 different contact numbers with no reply from any of those contacted.

Eventually, I did obtain a number from another office, which accepted a message and I was eventually contacted 28 hours after the first of the whitethorn trees were removed, at about 6:00pm on the following evening.

Without mentioning names of those public servants involved, a message on Fri, 25th Mar, 09:58 read

George,
Thanks you for these. I’ll request the Local Ranger —— pay a visit but due to leave this will not take place till next week.
Please note that if these works are part of development covered by planning permission, then they are exempt from Section 40 of the Wildlife Act. ‘Unnamed’ will update you on his findings in due course.
Kind regards
, etc.

My reply read:-
You email reply/content is fully noted.
To say the very least, I am totally disappointed by the direction currently emanating from the offices of National Parks & Wildlife Service (NPWL).
Next week will see all of the biodiversity and trees removed from this area.
Yours sincerely
George Willoughby
.

I have been given to understand that prior to approximately 12:00 noon today, a named Wildlife Ranger had visited the site, who was informed that “the trees and other biodiversity had been removed prior to March 1st”, as I had forecast in my email.
However photographs taken by me, are automatically dated on digital cameras, which will prove otherwise.

In a final ditch attempt to obtain assistance on 24th Feb 2022, at 20:13 we sent to MOS@housing.gov.ie and to Malcolm.Noonan@oireachtas.ie, an email, addressing the following which included pictures which read:-

Sir,
As requested by a telephonist / secretary at your office, I herewith attach pictures of heritage destroyed this week, due to your failure to reply and assist, as I requested back in 2020.

Above also is proof that your office received my communications and then ignored me completely.

I now wish to know, what is your intention to prevent further destruction?
Note: Picture DSC_0435 has been levelled.
(Picture was of Leeway Gate & Pillars).

Same was built in 1846 together with the blacksmith built gate, which had a market value of at least €2,000. All have been levelled and gate either buried or removed.
(Gate has since been returned and dumped on site)

Note: Picture 20220222_180846
(Picture of Stile) which shows the stile entrance built in 1846, destroyed by Tipperary Co. Council.
I understand that your email system is primitive, not allowing you to read links.
In the event that same has improved since 2020, see page 6 of Great Famine Minutes – Thurles/Rahealty Famine Food Relief Committee at http://www.hiddentipperary.com/wp-content/uploads/2020/05/Great-Famine-Minutes-Thurles-1846-1847.

Yours sincerely
George Willoughby

The Office of Green Party TD, Mr Malcolm Noonan, (Minister of State for Heritage etc) aided by local Thurles councillors, Thurles Fianna Fáil and Independent TD’s Cahill & Lowry, together with the apathy displayed by Thurles Chamber of Commerce, played out on the business people of Thurles, have now cost Thurles residents; the unemployed; those forced to commute and aforementioned business people, millions of euros in future lost revenues.

In the coming days I will be highlighting this lost tourism revenue issue and also documenting what goes on behind the curtain, within Fianna Fáil, locally, so keep following Thurles.Info.

RTÉ Investigates Tipperary Co. Council.

First, there are the problems with Dublin city councillors. It seems that current and former Dublin city councillors, together owe more than €146,000 to Dublin City Council in overpaid travel expenses. Same was discovered in an investigation by the Local Government Auditor, (Nosy interfering Busybodies).

Inner Relief Road, Archaeological Survey, Click HERE

This 2021 audit identified that councillors, for this Dublin local authority, had been overpaid their annual travel rate, by €48.42 every month, but only as far back as January 2018, amounting to €581.10 a year and a total of €2,324.40 for politicians who had served on Dublin City Council since 2018.

Sure, for God’s sake it was only taxpayers money, and sure taxpayers couldn’t give a f..k. I mean if taxpayers had been fooled into voting “them’s individuals” into office in the first place, they must have expected they would be taken advantage of; lest you forget the F.F. brown envelope planning era.

It has been a tough few days for Tipperary Co. Council this week also. On Wednesday last “RTÉ Investigates” journalist Con Corrigan, “deliberately picked on”, our beloved Tipp authority, daring to accuse them of ‘Project Costs Over-runs, [ See HERE ].

Well as all our readers are aware Thurles.Info, were the first to highlight the waste by Tipperary Co. Council engineers.

It appears that a project known as the Suir Blueway, stretching from Clonmel to Carrick On Suir (Not to be confused with the Thurles River Suir Brownway); the former, incorporating a walking and cycling trail along the River Suir in south Tipperary, was initially budgeted for €1.3, then (like the National Children’s Hospital), it became €2m, but ultimately costs eventually closed at €3.7m.

The final costs increased a mere 84% only, on the original budgeted amount; that’s according to documents released to RTÉ Investigates, under freedom of information.

Anyway, the RTÉ Investigates episode didn’t upset Tipperary Co. Council’s Chief Executive Mr Joe MacGrath, who went missing from work on Friday last.

(I should explain that we at Thurles.Info have a habit of sending emails to those we write about – well they might want to accuse us of telling ‘porkies’).

Well Holy God, shock of shocks, the night before last, after 3 years and numerous emails sent, didn’t we actually get a reply, for the very first time, (despite no intervention by the Standards In Public Office Commission), from Mr Joe MacGrath. Well I nearly died.

He stated, quote “Please re-send your email to evelyn.harty@tipperarycoco.ie or contact her at Tel 0818 06 5000. I am away from my office with limited access to emails.”

Then it struck me, this was one of those “Automatic Replies”, latter being doled out normally from every government office in Dublin, but same rarely replied to after that. [Sure you know yourself, in the Public Service half are still working from home and the other half are not working at all, at all].

Anyway, my first thoughts were, why don’t they buy Joe one of those new-fangled Mobile Phone contrivances; called ear phones or eye phones, whatever.
My understanding is that they can now be put to vibrate silently in your trousers pocket, and when activated they can read, and let you see your emails off of a screen, on one side of the device.

Well to cut a long story short, on the same Friday, I had to go over to Cashel and Cahir; (NCT Business in Cahir, then off to buy a 3 scone and tea at Mikey Ryans in Cashel). On the way didn’t I get a call from an old school friend of mine, Charley. Hadn’t seen him in years and he was over visiting here, having brought the wife Camilla on a junket.

Listen, anyway as I’m chatting to Charlie, who did I spy out of the corner of my eye, but some one, the spitting image of Joe, edging in to have a selfie taken with Camilla. Still I can’t be totally sure it was him and since he doesn’t answer his emails, its a waste of time trying to find out.

Anyway, what I really want to talk about and show all our readers, is the pdf of the Thurles Inner Relief Road which ended up destroying the only remaining piece of visible great faminr history in Thurles.
Same document failed to highlight the Great Famine Double Ditch; Public Right of Way; Mass path and Great Famine connection in its regurgated survey info, undertaken by Mr F. Coyne, BA MIAI, despite having surveyed the sections of land on both sides of this 5ft in width, Great Famine, 176 year old Double Ditch.

So Mr MacGrath, if you are reading this email, the Archaeological Impact Statement for the inner relief can be found HERE, by you, Mr Ger Fogarty and indeed the rest of the interested world.

[Mr Ger Fogarty will note that the survey was undertaken in 2013, while Lions Club survey was undertaken in 2018.]

We have already sent this and other documents to “RTÉ Investigates”, then again they might not use the information, but not to worry, we will.

I think the time has come for raised Thurles voices and the digging up of discarded, hidden bodies.