Thurles Information

Act To Facilitate Complaints Regarding Alleged Judicial Misconduct To Commence.

Minister for Justice Mrs Helen McEntee has signed the Judicial Council Act 2019 (Commencement) Order 2022.

The Order brings into operation the remaining provisions of the Judicial Council Act 2019, concerning judicial conduct and ethics.

From today, Monday October 3rd, and for the first time in the history of the Irish State, procedures will be put in place to facilitate complaints about alleged judicial misconduct.

Any complaints about the conduct of a judge that is alleged to constitute judicial misconduct, from that date onwards will be addressed under this new procedures.

Minister McEntee said:

“In a democratic society, the judiciary plays a central and independent role in how justice is administered, and our judiciary have provided us with superb service since the foundation of the State a century ago.

Maintaining and strengthening public confidence in our judiciary, a foundation stone of our democracy, is crucial and I am really pleased to bring into effect all remaining sections of the Judicial Council Act 2019.

These sections deal with judicial conduct and ethics. Crucially, they pave the way for procedures that will facilitate, for the first time in the history of the State, complaints from members of the public about judicial conduct.

They also set out that a complaint may be made by any person who is directly affected by, or who witnessed, the alleged misconduct within three months of same, as well as the criteria for such complaints to be admissible, and the processes under which these complaints will be examined.

I would like to thank the members of the judiciary for their support for this important legislation and to acknowledge the importance of their continued constitutional independence”.

The Judicial Council was established on December 17th, 2019, pursuant to the Judicial Council Act 2019.

Part 5 of the Judicial Council Act concerns the establishment and role of the Judicial Conduct Committee and the newly operative complaints procedure.

While some of those provisions have already been commenced for operational reasons, the bulk of the provisions will be brought into operation from today, October 3rd, 2022.

These include:

The circumstances in which a complaint about alleged judicial misconduct can be made to Registrar of the the Judicial Council.
A time limit of three months within which a complaint can be made alleging judicial misconduct.
A complaint may be made by any person who is directly affected, or who witnessed, the alleged judicial misconduct.
The complaint must not be frivolous or vexatious and must also be the case that the conduct could, if substantiated, constitute judicial misconduct.
When a complaint is admissible, it is referred to the Judicial Conduct Committee.
The circumstances in which a reprimand may be issued to a judge concerned, which could include advice to be issued to the judge concerned, the making of any recommendation that the judge concerned pursue a specific course of action, including attending a course or training of a specified type, and for the issuing of an admonishment to the judge concerned.
The Committee may require the judge concerned to report to it regarding his or her compliance with a requirement specified in a reprimand.
Allowing for the investigation into alleged judicial misconduct in the absence of a complaint.
Allow for investigation by a panel of inquiry to be established by the Judicial Conduct Committee.
Setting out the procedures to be followed in the event that a matter relating to the conduct or capacity of a judge requires the referral of the matter to the Minister for the proposal by the Minister of an Article 35.4.1 motion.

Nature & Extent Of Proposed Development To N62 Slievenamon Road, Thurles.

The proposed development will comprise the following:

An upgraded road layout with a reduced carriageway width.
Improved junctions with enhanced infrastructure for pedestrians and vulnerable road users.
Replacement and widening of footways with new paving.
Road resurfacing/rehabilitation.

Surface water drainage improvements.
Provision of formalised on-street parking designed to current standards within the new road layout.
Upgraded public lighting.
Enhanced soft and hard landscaping including the provision of upgraded street furniture.

No firm date has yet been set for the above upgrade.

Report On Mental Health & Addiction Challenges Of Persons Coming Into Contact With Criminal Justice Sector Published

Multi-agency approach to be taken to rehabilitating and diverting offenders with addiction or mental health challenges away from crime.
New facility for the HSE National Forensic Mental Health Service at Portrane to open in mid-November.

The Minister for Justice, Helen McEntee TD and the Minister for Health, Stephen Donnelly TD have on Friday last, published the report and recommendations of the High Level Taskforce established to consider the mental health and addiction challenges of people who come into contact with the criminal justice sector.

Ministers McEntee and Donnelly thanked the independent Chair of the Task Force, Kathleen Lynch, and the Minister of State for Mental Health and Older People, Mary Butler TD and the Minister of State for Public Health, Wellbeing and the National Drugs Strategy, Frank Feighan TD for their work on the Taskforce and the final Report.

The Taskforce was established in 2021 to meet the Government’s commitment to ensure the critical mental health needs of people in prison are met, addiction treatments are provided and appropriate primary care supports are available on release, in order to ensure improved outcomes for the individuals concerned and for society as a whole.

It is now widely recognised that the needs of many people who interact with the criminal justice system are complex, and are often influenced by mental health and addiction challenges. Providing proper care to these and ensuring rehabilitation, both in terms of health needs but also in order to prevent future reoffending and contact with the criminal justice system, means these issues cannot be addressed in isolation or by the criminal justice system alone.

The Taskforce had three subgroups focused on three key elements to holistically meet these needs going forward;

One subgroup, on Diversion, chaired by a member of An Garda Síochána, focused on diverting individuals with mental illness who have committed minor offences from progressing into the criminal justice system, in the best interests of both the public and the individual concerned.
A second subgroup, on Irish Prison Service/Central Mental Hospital Capacity, which was chaired by an Irish Prison Service Director, examined the existing and future needs of individuals within the custodial criminal justice system. The objective of this group was to ensure that there is adequate provision of services to meet the mental health and dual diagnosis needs of those in prison.
A third subgroup examined community issues and through-care upon release from custody, and was chaired by the Director of the Probation Service. The objective of this group was to ensure that there are sufficient safeguards in place and adequate provision of services to prevent individuals from relapsing into damaging behaviours undermining the rehabilitative efforts made by the individual and the State.

Overall, the Taskforce has put forward 61 recommendations which emphasise the shared responsibility of a number of Government Departments and agencies to deliver on meeting the needs of those with mental health and addiction challenges who come into contact with the criminal justice system.

Key actions include:

Progressive and empathetic approach by Gardaí to dealing with offenders with mental health and addiction challenges, informed by mental health and addiction awareness training for Gardaí
Efficient and effective means of implementing a prosecution avoidance policy when Garda members come in contact with adults with mental illness and addiction, through the adult caution scheme
The establishment of a pilot specialist dual diagnosis service to support prisoners with a mental health condition and substance misuse in a prison, to inform roll-out across the entire prison estate
Access to tiered mental health supports that are recovery oriented for every person with mental health difficulties coming into contact with the forensic system
Reducing attrition by maintaining engagement and motivation at the point of release, including through the use of community agreed discharge plans for prisoners (identifying multi-agency supports required).

Speaking on the publication of the report today, Minister Mrs Helen McEntee said: “We know that many of those who end up engaging with our criminal justice system have higher rates of mental health and addiction challenges than the rest of the population. This is not a coincidence. If we are to address the root causes of offending behaviours, we have to start here.

If we are to reduce the numbers who end up in a cycle of offending behaviour and if we are to create stronger and safer communities and reduce crime, we have to work together and deliver properly resourced, appropriately located systems of care. This is not something that one Department or agency can do alone. A collaborative approach has underpinned the work of the Task Force who have agreed a coherent range of ambitious, but realistic, time-lined actions to build and sustain progress.

In combination with the community safety work underway by my Department, which similarly recognises that delivering on stronger and safer communities requires the buy-in and participation of all relevant stakeholders and not just An Garda Síochána, I feel we are making tangible progress towards a more holistic and joined up way of thinking and working to improve quality of life and build stronger safer communities.

I would like to especially thank Kathleen Lynch for her dedicated work on the Taskforce and in producing this report, as well as the committed staff from a number of Departments and agencies”.

The report is the culmination of over a year’s work by the Task Force, chaired by Kathleen Lynch, former Minister of State, and was comprised of staff from both the Department of Justice and the Department of Health, representatives from the HSE, the Central Mental Hospital, the Irish Prison Service, the Probation Service, An Garda Síochána, the Department of Children, Equality, Disability, Integration and Youth, the Judiciary and the Department of Housing.

The Plan, which accompanies the final report, recognises that the criminal justice sector does not operate in a vacuum, and requires collective will, planning and a strong focus on implementation to deliver a properly resourced, appropriately located, model of care, including Central Mental Hospital step down facilities, for some of the most vulnerable in our society.

Speaking on the publication of the report, Minister Mr Stephen Donnelly said: “I am particularly pleased that our Programme for Government commitment to produce this important HLTF report has materialised. It is thanks to the commitment of every member that such a timely and thorough report has been developed. This is a realistic and grounded report, which presents achievable recommendations in the short, medium, and long term. It has the potential to realise lasting positive changes in the lives of some of the most vulnerable in our society. The Government is committed to building on the work of the Taskforce, particularly around improving co-operation on all fronts in the future, as envisaged under Sláintecare.’’

Minister Ms Mary Butler, Minister of State at the Department of Health said: “It is recognised internationally that vulnerable people with mental health and addiction challenges are over-represented in our criminal justice systems. We have a responsibility to ensure that as many as possible within this population, are diverted away from the criminal justice system and provided with appropriate health and social care supports.

As we all know, there is no quick fix solution to the challenges highlighted by the Taskforce and no one service can address the change needed on its own. However, the report provides a clear path forward on how we can achieve this and work together to improve supports in the key area of forensic mental health care involving all relevant front-line agencies.

The Taskforce’s recommendations relating to the health sector will be progressed in line with Sláintecare, Sharing the Vision and other relevant health policies. I would like to thank all involved in the development of the report. It is evident that a huge amount of work and dedication went in to producing a platform for real progress over the next five years”.

In the context of the report’s publication proceedings, Ministers Donnelly and Butler are delighted to announce that the new facility for the HSE National Forensic Mental Health Service at Portrane, to replace the existing Central Mental Hospital (CMH) at Dundrum, will open in mid-November. The opening of this facility, which has been long called for by many mental health advocates including the HSE and is a key recommendation of the HLTF report to alleviate existing service pressures for the forensic mental health and judicial sectors.

Minister Mr Frank Feighan, Minister of State at the Department of Health said: “It is important that we divert people possessing drugs for personal use or experiencing mental health issues from the criminal justice system. As part of a health-led approach, we need to treat people with compassion, not to punish them. I believe that the health diversion programme we are implementing for people who are found in possession of drugs for personal use is a template that we can use for people who experience mental health issues. Referring these individuals to the health system for a SAOR screening and brief intervention will benefit the individual. It will also lead to a more effective use of resources in the criminal justice system”.

Thurles, Co. Tipperary’s Yett.

Bridge Castle or the Butler Tower House in Thurles, which overlooks the river Suir has dominated the Thurles, Co. Tipperary skyline since as early as 1453, built possibly by the Norman invader McRickard Butler.

Tower houses are often called castles, and despite their characteristic compact size, they remain formidable habitations, with little or no clear distinction, one from the other.

While the Butler tower house is often referred to as Barry’s Castle, [Following a major error made by an Ordinance Survey officer, latter involved in changing the names of certain Thurles streets and lanes and operating on behalf of the then existing Thurles Urban District Council ], as part of its construction, a “Yett”; latter a gate or grille, made of wrought iron bars was used for defensive purposes on the castle’s north side, at ground level.

***A ‘yett’ and a small fragment of the original east/ west arched gateway still exists on Thurles Butler Tower House, Co. Tipperary.***

The word yett comes from the Old English and Scots word for a “gate”. Unlike a portcullis, [latter a strong, heavy grating that could be lowered or raised down along grooves on each side of a large entrance/gateway, on a castle, using mechanical means]; the yetts are hinged, as in the manner of a traditional gate or door, and secured by bolts or by long bars drawn out from the wall across the gateway.
The yett would be often placed behind a wooden door, providing additional security, should the outer door be set on fire, and no doubt also insured that the temperature of the interior remained warmer.

This Butler castle in Thurles, which is actually a medieval tower house, is quite similar to many others erected across Ireland, during the early to middle of the 15th century, designed to control; collect tolls and if necessary, defend various similar river crossings against attack, using small garrisons of armed soldiers, housed on site.

You will note that a small fragment of the original east/ west arched gateway of the walled town, still protrudes today, (On right of above picture) attached to the north wall of this building.
The existing small, pointed, arch doorway, framing the yett, also exists on the north wall, (See left side of picture) , constructed to grant immediate access from the tower, to those guarding this river crossing.

Records show that the building was once leased by; “Thomas, Lord Viscount Thurles, by deed grants to Richard Power, Donat O’Haly and Rd. Wale, all that castle called Bridge Castle with its appurtenances, parcel of the Manor and Lands of Thurles, for 21 years at £5 per annum and one swine, one sheep and three capons.”

(Note: A capon is a rooster that has been castrated to improve the quality of its flesh, for eating purposes.)

Existing financial records show that a yett constructed in 1568 by a local smithy in Scotland, weighed 34 stone, 3 lb, and cost £34-3s-9d, together with “three bolls meal (420 lb), (One Boll equal to 140lbs avoirdupois, or 63.5029kg); one ‘stane’ of butter (‘Stane’ – a Scottish word for stone equal to 14 lbs or 6.35 kg), and one ‘stane’ of cheese”.

Since those we elect to local government, care little for Thurles history, please do take the time to examine the Thurles yett, as same may soon be replaced by cement blocks or the tower house removed altogether like the Great Famine Double Ditch.

Public Efforts To Remove Checkpoint Charlie Are Underway In Thurles.

It was Fianna Fáil Cllr. Mr Seamus Hanafin who first confirmed that “Checkpoint Charlie”, latter, also known by the handle “Slievenamon Road Car Park” has reverted once more to a “pay and display system”.
Not to be out done Fianna Fáil Cllr. Sean Ryan, was quickly out of school again, offering this now historic information, before promising to inform the public on exactly how much of local tax payer funds had been totally and utterly squandered without their permission.

With regards to the matter of wasted tax payer funding, both men have since remained tight lipped, in the knowledge that taxpayers don’t really need to know, and sure same can be recouped by simply raising local property tax by 10%, as was the case some weeks previously.
Currently, the rumour is that the overall installation of “Checkpoint Charlie” was a whopping €95,000 plus. (Add another few thousand Euro for removing it.)

This brings me to another question, which does need answering.
With Tipperary Co. Council having totally succeeded in ensuring that Thurles town centre businesses are for the most part no longer economic, how much profit has car parking charges rendered to the coffers of Thurles Municipal District?
Maybe those intent on running for the 5 year post, as elected representative on Thurles Municipal District council; latter to be set by the Minister for Housing, Local Government and Heritage, in May or June of 2024, might try to find out.

Since “Checkpoint Charlie’s” conception, there have been ongoing issues with this barrier system. Constantly out of order and regularly interfered with by ‘uncouth barbarians’ residing locally, thus greatly angering and frustrating car park users.
Tipp Co. Co., led by Chief Executive Mr Joe MacGrath, have now decided to revert back to the “pay and display” system, which was working perfectly, previously with their Parking App.

The barriers, themselves have now been removed, but meanwhile, the practice of tightening roadways and junctions, by Tipp. Co. Co’s. Traffic Consultants and Road Engineers, has already taken the first steps in its physical removal, with a motorised vehicle of some variety, already used to re construct its physical structure (See image above herewith).