Republican dogmatists believe the Army Council is the legitimate government of Ireland
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By Conor O’Carroll. More than 17,000 dwellings are currently stuck in the judicial review process, according to property group Irish Institutional Property (IIP). The figures were shared with Minister for Housing, Darragh O’Brien in November last year as part of a submission made by the lobby group in relation to the Planning and Development Bill 2023 and subsequently released to Village Magazine. The vast majority of these dwellings are located in Dublin, with close to 14,000 subject to judicial review and a further 1,975 located in the Greater Dublin Area. The next highest locality is Cork, with 285 dwellings, followed closely by Galway with a further 223. The remaining cases are spread across the country. IIP highlighted some of the cases that are currently stuck in the system, including a 416-home development “on an inner Dublin canal brownfield site designated for strategic redevelopment”. Planning permission for this development was granted in 2020 and has been upheld “following five High Court judgments and a reference to the Court of Justice of the European Union”. The case is now with the Supreme Court awaiting to be heard “on an emergency basis”. Another development, also in Dublin, includes 191 homes in Dún Laoghaire granted permission in 2021. The date for the judicial review case is still pending and may be subject to further appeal or reference to Europe, which IIP say would cause another delay. Figures from An Bord Pleanála show that 95 applications for judicial review of planning decisions were made to the High Court in 2022, a joint record tied with 2021. The planning body also spent almost €10 million in legal fees in 2022, up from €7.6 million the year previously. Of the 20 substantive cases heard during 2022, An Bord Pleanála won 11 of them, however, they also conceded 35 cases over the course of the year while a further 14 cases were either withdrawn or discontinued by the applicants. The number of applications has close to doubled since 2017, when Strategic Housing Developments (SHDs) were introduced. These SHDs have been criticised for contributing to the problem, as they bypass the normal planning process of governed by local authorities and are decided directly by An Bord Pleanála. The vast majority of these dwellings are located in Dublin, with close to 14,000 subject to judicial review and a further 1,975 located in the Greater Dublin Area A recent report from construction consultancy firm, Mitchell McDermott, found that over 8,000 of these SHDs are being held up by judicial reviews. However, the report also found that plans for over 20,000 SHD homes are awaiting a decision from An Bord Pleanála and that a further 31,000 homes have secured planning permission but have yet to commence construction. IIP says the delays caused by judicial reviews puts pressure on the construction industry to complete the approved developments before the time limit on the planning permission runs out. With the standard duration of planning permission lasting 5 years, multi-year delays can leave the developer with an impossible task of construction, requiring an extension to permission. The new Planning and Development Bill, which was published in full shortly after the submission from IIP, substantially reforms the judicial review process, including a fast-track process aimed at hearing cases quicker and changing who can bring forward judicial reviews. Figures from An Bord Pleanála show that 95 applications for judicial review of planning decisions were made to the High Court in 2022, a joint record tied with 2021. The planning body also spent almost €10 million in legal fees in 2022, up from €7.6 million the year previously Under the provisions in the Bill, constraints have been placed on residents associations that will limit their ability to appeal decisions. These groups will be prohibited from launching a judicial review unless they have a constitution and a two-thirds majority vote to bring a judicial review to court. The names and addresses of those who voted in favour will also be submitted as part of the court documents. These limitations will likely reduce their ability to challenge decisions, such as in 2020 when a development of 657 residential units in Raheny, Dublin was halted following an appeal to the High Court. Judicial review applicants will also need to have “exhausted any available appeal procedures” before a case can be brought before the courts. Environmental NGOs have also been hamstrung in the reforms, with requirements placed on them to fulfil obligations such as being a company with more than ten members before they are permitted to bring a case. Critics of the Bill say that these changes to the judicial review system are designed to scare local groups from contesting planning decisions and restricts the fundamental right of citizens to hold the government to account. The Bill commenced the Committee stage of the legislative process last week.
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By Conor O’Carroll. Almost a third of Office of Public Works (OPW) quality audits of maintenance work on rivers and waterways last year failed to obtain a ‘good’ or ‘very good’ rating, according to documents released to Village Magazine. While the majority of audit reports were scored favourably, a number of reports also received a ‘poor’ or ‘bad’ score, with habitats disturbed, trees improperly removed and gorse removed during bird nesting season. Introduced in 1945 to maintain all rivers, embankments and urban flood-defences in “proper repair and effective condition”, the Arterial Drainage Act gives responsibility to the OPW for roughly 11,500km of channels across the country. As part of this maintenance, weeds, vegetation and low-hanging trees or branches are cleared from the channel to ensure that the flow of water is not blocked. Guidance notes from the OPW for environmental drainage maintenance state that bank slopes should be protected and excessive maintenance to the channel should be restricted. One of the failings identified in the OPW audits was the removal of all vegetation along the bank close to the Blanket Nook Wildlife Sanctuary in Donegal. The area is a popular bird-watching spot, with rare birds sometimes spotted as they migrate. The effect of the removal of the vegetation was exacerbated as it was carried out during bird nesting season, potentially causing substantial disruption. Work carried out along the River Corrib in Galway included the removal of dense gorse with a machine bucket during the bird breeding season. The auditor found that this work was entirely unnecessary as no maintenance was required of the channel or banks. Further failings identified by the audits include the removal of too much material from the channel bed along the River Clare, and the improper placement of removed sediment on the banks of the channel where it is at risk of slipping back down. The use of heavy machinery along the River Maigue in Cork was also criticised, with the works effected after heavy rainfall, making the ground unstable and causing soil along the banks to slipinto the channel. All these audits received a ‘bad’ or ‘poor’ score in their reports. An investigation by Noteworthy in 2022 identified similar problems, with a quarter of audits failing to meet ‘good’ or ‘very good’ standard. Reports obtained as part of the investigation found “instances where required environmental assessments were done after the vegetation was cleared, long-lasting damage to the Clare River from arterial drainage activities and negative impacts of arterial drainage on fish populations in Cork”. In 2018, the Irish Wildlife Trust (IWT) also accused the OPW of breaching national and European environmental legislation when it was found to have cleared the banks of the River Newport in Limerick. The river is part of the Lower River Shannon Special Area of Conservation and an important habitat for Atlantic salmon. Despite this, a kilometre of the river bank was stripped completely bare of all vegetation by the OPW, with its own assessment of the works stating it intended to carry out minimal work, causing no damage to the river. A quality audit found the removal of dense gorse from the Corrib during the birdbreeding season. was entirely unnecessary as no maintenance was required of the channel or banks As a result of these failings on the part of the OPW, many environmental groups and campaigners have sought to reform the Arterial Drainage Act, claiming that it is no longer fit for purpose and is instead leading to the “destruction of whole river systems”. A petition calling for reform of what the IWT call an “archaic piece of legislation not fit for the 21st century” was presented to Minister of State Patrick O’Donovan TD in July 2021, underwritten by over 5,000 signatories. The Act has also come under scrutiny recently from the Citizens’ Assembly on Biodiversity Loss. The Assembly asserted that the Act “is no longer fit for purpose and must be reviewed and updated in order to take proper account of the biodiversity and the climate crisis”. Instead, the Assembly suggested, nature-based approaches should be used in “State and community programmes to tackle flood management”. These approaches, known as Natural Water Retention Measures, slow down the flow of water and reduce the risk of flooding using the natural processes of rivers and their floodplains and are considered far more environmentally friendly than the current approach pushed by the Arterial Drainage Act.
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Three investigations are underway at the hospital into allegations of racism. By Conor O’Carroll. At least three independent investigations into serious allegations of racism are underway at Cork University Hospital (CUH), Village Magazine can reveal. In a letter from December 2023 obtained by Village from CUH Group CEO David Donegan, “as it currently stands, there have been three serious complaints made against them, two of which are subject to an investigation which is underway”. The third complaint, the letter continues, had recently gone through preliminary screening and was due to be sent to Sinéad Connaire, Director of the Nursing & Midwifery Planning & Development Unit (NMPDU) for Cork/Kerry at the Health Service Executive and recipient of the letter. Donegan wrote that he was “very surprised and disappointed” that the staff member in question was still “onsite delivering an Adaptation Programme” at the hospital as recently as early November This complaint will require “investigating under the Dignity at Work policy” Donegan says, and “given the seriousness of the allegations that it contains I anticipate a similar investigation being commissioned by the NMPDU”. Village reported in December that attempts were made by management at CUH to categorise the allegations as “misinterpretations” and that further allegations of racism were made as part of the anonymous feedback surveys introduced following the initial complaint. A previous letter from Donegan to Connaire from November 2023 also reveals that the CUH Group CEO requested the staff member at the centre of the allegations be removed from the hospital pending the completion of the investigations. Donegan wrote that he was “very surprised and disappointed” that the staff member in question was still “onsite delivering an Adaptation Programme” at the hospital as recently as early November. “I was under the impression they were no longer assigned to work at CUH Group”, he continued. Donegan goes on to say that he feels it is not “appropriate” for the staff member to be on the CUH campus “in a professional capacity, nor training a new cohort of international staff given the basis of the complaint”. “Whether they are suspended or redeployed is entirely a matter for you [Connaire] as line manager, however, it is my view that they should not be onsite while this investigation is ongoing and I am asking for their immediate removal from Cork University Hospital”, Donegan continues. The complaints at the hospital were first reported by The Journal which detailed humiliating and derogatory comments made towards Indian nurses at the hospital while they completed the adaptation programme that assesses their competency before becoming a registered nurse in Ireland. In a group petition signed by 29 nurses, allegations were made against one staff member involved with the adaptation programme. They allege the derogatory comments made towards them included statements that “Indians come to Ireland only to make money”, and that they “kill Irish patients”. The staff member is also alleged to have said “Indian nurses spread Covid”, that “Indian nurses make toilets dirty” and that “they do not wash hands after finishing”. The group letter also claims the staff member “threatened new nurses for joining unions” and from the first day of the programme made the nurses regret their decision to come to Ireland. A reply to Donegan’s letter was sent by Connaire, however, all records of this letter cannot be found “after all reasonable steps to ascertain its whereabouts have been taken”, according to a Freedom of Information (FOI) request sent by Village. A spokesperson for CUH did not respond to a question about whether the letter was destroyed. What is clear, however, is that Donegan’s request to remove the staff member from the hospital was not actioned. In the letter from December referenced above, Donegan once again requests that the staff member be suspended. “As the accountable officer for Cork University Hospital Group with a duty of care to all staff, I cannot have them continue to be onsite”, he wrote, noting the “high profile media articles and FOI requests in relation to this matter”. A reply to Donegan’s letter was sent by Connaire the next day, however, all records of this letter cannot be found The letter ends with Donegan “requesting their immediate removal from Cork University Hospital Group from close of business today”, and that Connaire confirm that the request has been actioned. It is unclear whether the staff member was removed as no reply was released following the FOI request. A spokesperson for CUH told Village: “Cork University Hospital welcomes and benefits from a very diverse workforce and has a responsive international recruitment plan to support service needs. The hospital continues to improve their adaptation programme and has recruited a senior manager with responsibility for the welfare of the candidates and delivery of the programme”. CUH did not respond to a query relating to whether the staff member was suspended or remains working at the hospital, instead saying: “The Hospital Human Resource Department manages any issues of concern that are raised and do not comment on individual cases”.
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By Conor O’Carroll. Roscommon County Council has taken aim at an environmental advocacy group over its legal challenge to flood relief works at Lough Funshinagh. In a press statement released last week, the Council said that water levels at the South Roscommon lake were “extremely high for this time of year”, following considerable rainfall in the area in recent weeks. The statement reiterated a commitment by the Council to “providing whatever flood protection measures can be provided”, but also targeted environmental group Friends of the Irish Environment (FIE) over its High Court action which prevented an emergency flood relief scheme from being implemented. “Due to the High Court challenge taken by Friends of the Irish Environment against Roscommon County Council, flood relief works that would have protected homes, property and public infrastructure in the general vicinity of the lake cannot be completed and no new works can be undertaken”, the Council said. FIE director Tony Lowes said that their organisation “stood in solidarity with communities in areas such as Middleton and Lough Funshinagh who are impacted by climate change” Under the proposals, the Council had sought to construct a 3km pipeline to take water from Lough Funshinagh to an area near Lough Ree, the second largest lake on the River Shannon. However, Lough Funshinagh is a Special Area of Conservation, granting it additional legal protections under EU law. In 2022, FIE secured a High Court order after it brought a judicial review against the Council, arguing it had breached European environmental laws. The Court ordered Roscommon County Council to quash their decision to approve the scheme meaning they are not able to use the sections of the pipeline already constructed without approval from the High Court. Because of the court order, the Council’s press release continues, measures aimed at combatting the rising waters are “limited to localised flood defences and pumping in the immediate vicinity of the affected properties”. Locals remain concerned with the rising water levels and unresolved flood relief. Speaking to the Roscommon Herald, Matthew Beattie of the Lough Funshinagh Flood Crisis Committee said: “What was once a beautiful village is now totally destroyed and everyone around is living in constant fear from October to April each year, not knowing what the winter will bring”. Responding to the statement from Roscommon County Council, FIE director Tony Lowes said that their organisation “stood in solidarity with communities in areas such as Middleton and Lough Funshinagh who are impacted by climate change”. “We appreciate the anguish and anxiety that people are experiencing in the local area”, he continued but argued that FIE should not be blamed for challenging the Council’s plan and upholding the law. A statement released by FIE further argued that Roscommon County Council were suggesting that “the organisation which challenged it in Court is somehow responsible for the predicament of the local community”. In 2022, FIE secured a High Court order after it brought a judicial review against the Council, arguing it had breached European environmental laws “It is unacceptable for a public authority”, the FIE statement continued, “to seek to blame our organization for upholding the law of the land. If that is what is actually being suggested by the Council, then it is an extraordinary position for a public authority to hold”. Roscommon County Council have said that work on a long-term solution for Lough Funshinagh is underway.
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New poll reveals a large cohort supports a “heavy tax” on private jets, but weans for more expensive and less frequent flights to help slow climate change. By Conor O’Carroll. A new Red C opinion poll has found that a large majority of people support the introduction of a heavy tax on private jets. Support for the measure was high across a broad range of groups, including age, gender, social class and geographical region, with overall support sitting at 79%. Men aged 35-54, women over 55, those in higher social grades and people in Dublin and Munster were among the most supportive, with approval in those categories surpassing 80%, while the lowest support (73%) came from those in the Connacht and Ulster region. Despite the strong support for a private jet tax, people were less keen to increase the cost of flying to help the environment and there was even less support for flying less frequently According to the latest monthly register of aircraft from the Irish Aviation Authority, there are 459 privately registered aircraft in Ireland, representing over a third of the total number of registered aircraft. Many of these aircraft, however, are smaller planes, microlight aircraft or even home builds. Research published by Greenpeace earlier this year shows that private jet usage in Ireland has increased substantially over the last number of years. In 2020, 858 private flights took off from Irish airports, but by 2022, this figure had increased to 6,671 private flights. This contributed almost 68,000 tonnes in CO2 emissions, according to Greenpeace – equivalent to over 15,000 petrol cars driving for one year. There were also 42 private flights of less than 100km, with 19 of those flying from Shannon to Kerry, a distance of just over 70km. Village reported last month that Kerry Airport had submitted a planning application to construct a private aircraft hangar as well as a private arrivals and departure area. The application is currently on hold, with Kerry County Council seeking further information, including a Noise Impact Assessment of the proposed development. Proposals to introduce a tax on private jets have been mooted before, most recently by Sinn Féin. Responding to the poll results, Senator Lynn Boylan told Village: “Heavy taxes on private jets aren’t just right, they’re smart”, pointing to the revenue that would be earned from the levy. “Climate action can be effective and just without unduly burdening ordinary people”, Senator Boylan continued. “For real change, climate action needs to be popular and inclusive. The current model sends the message that climate action is only for the ordinary person, while the rich can carry on their high-emitting lifestyles”. Other proposals include banning private jets outright, such as a bill introduced by People Before Profit in March this year, which would ban private jet travel over Irish air space. Paul Murphy TD told Village: “It is no surprise that the public favours a heavy tax on private jets. They epitomise the inequality of responsibility for the climate crisis”. “We cannot say we are serious about tackling the climate crisis while allowing the super-rich to emit more from one private jet flight than ordinary people emit in an entire year”, he continued. Research published by Greenpeace earlier this year shows that private jet usage in Ireland has increased substantially over the last number of years The poll, conducted on behalf of environmental charity Friends of the Irish Environment, also asked people’s attitudes towards flying in relation to climate change. Despite the strong support for a private jet tax, people were less keen to increase the cost of flying to help the environment and there was even less support for flying less frequently with just 34% of people agreeing with the proposal. There were clear generational divisions with both these questions, as the youngest cohort (ages 18-34) responded more favourably than their older counterparts. Support was also especially low among those in lower social grades, where the cost increases would have a disproportionate impact.
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Processing invoices for Ukrainian accommodation providers is costing the Department of Children millions every year. By Conor O’Carroll. A new report from consultancy firm Auxilion has found that processing invoices for Ukrainian accommodation providers is costing the Department of Children millions of Euro each year. The report, which was obtained by Village, states that “based on assessed processes and current assumptions, the current cost per invoice processed is approximately €902”. With the Department processing a minimum of 700 invoices per month, the cost quickly spirals. Based on 8,400 invoices processed over the course of a year, the projected cost rises to €7.5 million. By comparison, the worst-case performers across industry are able to operate at €9 per invoice, substantially less than the Department, while “best in class organisations process at a cost of less than €1.80 per invoice”, the report says, over 500 times better than the Department. Some of the reasons for the extraordinary cost relate to the number of staff involved. Close to 70 people in the Department are involved across the entire payment cycle, from contracts and procurement to the payments team. A proposed headcount increase of 70 people would significantly worsen the cost associated with processing invoices according to the report, bringing the cost per invoice to €1,817 Other challenges noted in the report include a shared Excel document containing information the entire system relies on that can only be accessed by one person at a time. “This is creating a significant bottleneck in the process”, the report notes. Most of the accommodation suppliers are procured without proper contracts, with the limited number of beds available and uncertainty surrounding the number of arrivals forcing the procurement team to constantly add new suppliers. According to the most recent update from the United Nations Refugee agency, UNHCR, Ireland has taken in over 100,000 Ukrainians fleeing the war. In September, an extra €1 billion in funding was provided to the Department to aid in accommodating Ukrainians and others seeking international protection. A significant backlog in processing invoices is also created with each payment form from suppliers requiring approximately 25 minutes to check and ensure the information is correct. Up to 90 of these forms are processed every week, falling far short of the numbers required to clear the number of invoices received. There is also a substantial amount of checking and re-checking of the same data according to the report, with the manual nature of the work contributing to the time-intensive task. Other challenges noted in the report include that the Excel document containing information the entire system relies on is shared and can only be accessed by one person at a time The report makes clear that staff at the Department “recognise the need to improve, but have not been able to take a step back and reflect due to the ongoing challenges”. However, a proposed headcount increase of 70 people would significantly worsen the cost associated with processing invoices according to the report, bringing the cost per invoice to €1,817. Based on current figures, that would result in an annual cost to the Department of over €15 million, the report states. Instead, the report recommends that the process be re-designed and technology be introduced to automate some of the processes and reduce the demands placed on staff. The Department of Children has been contacted for comment.
