donegal Archives - Village Magazine

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Island of Tyreland

by Michael Smith 18 May, 2018 0 Comments

Carndonagh is an area of outstanding natural beauty that nestles in the shadow of the Grinlieve Mountain, only eight kilometres from the designated Natura 2000 sites, Trawbreaga Bay Spa and the North Innishowen Coast. Safeguarded by the 1992 Habitats Directive both these ecological wonders are home to protected animal species and diverse wetlands. Outwardly this area seems idyllic and well-protected; however, on 4 December 2011 Sunday Life newspaper exposed Meenyollan, Carndonagh, as the location of a vast illegal tyre dump fed by KF Tyres, Corody Road, Derry (top right). The landowner, Michael McLaughlin, was also claimed to be complicit in the dumping. Nearly ten million tyres had been buried, unregulated, in the period 2008-2011 alone. At least one for everyone in the audience. It has made Carndonagh Europe’s largest illegal tyre dump. Following the Sunday Life exposé in 2011, Donegal County Council promised robust enforcement including an extensive cleanup operation. KF Tyres should have been made responsible in whole or in part for the cleanup operation Donegal County Council promised. However, seven years on, there is still clear evidence of tyres being illegally buried at this location and there is little evidence of a cleanup. The pristine fields, underpinned by tyres which leach into the meandering water table, contrast starkly with the surrounding boglands and call to mind previous violations and unseen toxicity (bottom right). Although it is difficult to find out the exact composition of a tyre, and there are lots of different types most of them include synthetic carcinogens, solvents and heavy metals, for example. KF Tyres and Michael McLaughlin escaped prosecution and in fact subsequently applied for and were granted a range of permits and planning permissions by both Donegal County Council and the Northern Ireland Environment Agency (NIEA) allowing them to legally operate at the same site. These incongruous decisions, some of which were granted in breach of the legally-man-dated sequence, reduced the promised enforcement to no more than knuckle raps. After an abortive attempt by planning consultant Jim Harley to get McLaughlin’s development deemed “exempt” from planning permission, an unlikely new wheeze was to tout it as land reclamation with secondary drainage benefit. Yet still the terms of the new permits permissions have been flouted. Photographic evidence clearly shows that illegal dumping is still going on at the site. In 2018 KF Tyres and Michael McLaughlin are still controversially involved on this site, while Donegal County Council behaves as if it is unaware of this. In 2015, Planning Permission was obtained for the use of 8448 tyres in 105 bales (80 tyres per bale) over a five- year period, suggesting even what Donegal County Council considers reasonable has been overwhelmed by illegal dumping on a much greater – indeed unconscionable – scale. The photographic evidence (left) shows that neither McLaughlin nor KF Tyres appear to be compliant with the terms of the planning permission, which demands that the tyres that are used be baled, not loose (left, bottom right); nor do they seem to care. Moreover, Donegal County Council evidently does not appear to know what is going on. For example, after the Sunday Life article in 2011, Donegal County Council promised an investigation and robust enforcement. However, in January 2012, mere weeks after the article, Donegal County Council granted McLaughlin a five-year Waste Management Facility permit (WMP) (top right). Why? No planning permission had been granted though one is mandatory before a WMP can be issued. Without the requisite planning permission all tyres taken to Cardonagh around that time continued to be transported and dumped illegally. Jim Harley, formerly of Harley Planning Consultants, has figured in strong criticisms levelled against the Donegal County Council planning department when he worked there a decade ago. These are currently being reviewed by a senior counsel on behalf of the Department of Housing, Planning and Local Government. Harley acted as a planning consultant for McLaughlin when he was granted planning permission in November 2015. There was one condition: that he apply for a WMP. But there was an existing WMP that had been issued illegally. It was illegal precisely because it should not have been issued before planning permission was granted. The Sunday Life article stated in 2011 that KF Tyres had a WCP (waste carriers permit) with Donegal County Council to collect “end of life tyres” but it had no permission to bury tyres at Carndonagh. It is yet another anomaly that KF Tyres obtained a valid Waste Carriers Licence for the South in 2011 but no planning permission or commensurate licence for the site it operated from in Derry. It is strange that Donegal County Council neglected to contact the NIEA about KF Tyres in 2011. The NIEA went on to grant Ken Ferguson a WMP (bottom right) allegedly oblivious to the illegal dumping. This information would have been immeasurably beneficial in averting the current situation. Donegal County Council should have been monitoring the site, verifying the number of tyres being buried both by KF Tyres and McLaughlin. No assessment appears to have been made, north or south of the border, of how many Trans Frontier shipments (TFS) and what tonnage of tyres, KF Tyres declared to the NIEA it had transported between 2012 and 2015. It is not clear how many physical border and site inspections were made by Donegal County Council and the NIEA during this period. As stated both the WMPs (previous page) were granted under Appendix II of the EU Waste Frame Directive 2008/98EC: recovery operations. R10-Land Treatment resulting in benefit to agriculture or ecological improvement; R13 – storage of waste pending (right). Amazingly there is no reference to waste tyres or indeed anything like rubber within this directive, nor to the burial of solid waste in any form. Land reclamation using tyres is deemed dangerous and illegal in Northern Ireland , but not in the Republic – yet both countries are bound by the same European Directives. Given the toxicity of tyres and the stringent legislation on their

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It's different up here

by Patricia McCafferty 20 February, 2018 0 Comments

Justice is not a motif found emblazoned around Donegal. Its outing accounts for much in my home town of Bundoran and elsewhere in the county. In particular the power the late sean McEniff had over local governance is very unsettling – through politics and wealth. He was Fianna Fáil’s longest-serving councillor and perhaps its richest man. His hotel empire extended to ten hotels countrywide including the Skylon in Dublin and the Great Southern in Bundoran. Journalist Gemma O’Doherty and others have alleged that McEniff interfered with the Garda investigation into the death in 1977 of six-year-old Mary Boyle, but it is the power his empire wields over the slot machines that have for fifty years dominated and blighted once-elegant Bundoran that particularly concerns me here. McEniff’s empire traces its foundation to slot machines. McEniff was by far the largest slot machine operator in the town, and ignored the law: his slots would make big pay-outs, just enough to keep the key punters, most of them poor or old – or both, hooked. In 2009 Bundoran town council adopted a submission from the slot-machine operators – McEniff being the largest – to the Department of Justice – as its own submission. the submission had been adopted by the council on the same day at a special meeting which had only three councillors present. The quorum for any meeting was four councillors to be present, though nobody called halt. The submission said Bundoran’s 1,000 machines were “an integral part of the overall Bundoran product, both on and off the season, and a key reason why visitors continue to be attracted to the town”. Growing up in Bundoran, I remember from a young age the dangers of gaming machines. A friend of my mother came down from the North on the bus with her wages on a Friday and rushed up to play gaming machines in the town. By Sunday evening she had to ask my mum for money to get back home, after losing everything. The 2008 Department of Justice report on ‘regulating Gaming in Ireland’ states “the committee is aware of the type of gaming machine which accepts €500 notes. The Act of 1956 provides a maximum stake in gaming machines of 6d and a maximum prize of 10 shillings. The Act is not being enforced and that brings the law into disrepute”. The Garda Síochána, the Revenue and the Council have long since abjured responsibility for enforcing the gaming laws. A 1985 ‘Today Tonight’ programme on RTÉ focused on Law and Order in south Donegal, particularly Seán McEniff’s gaming. Donegal county council sued RTÉ for defamation for what it said about the inappropriate relationship between Donegal [county] council and the Garda but a legal settlement saw it agree to remove the programme, on the steps of the High Court. One of the last convictions for illegal gaming in Bundoran was in 2000 after Charlie Bird did the exposé on illegal gaming here. The solicitor for McEniffs Bundoran Limited said to the Judge at the time that “Charlie Bird should be prosecuted” as he had played an illegal gaming machine. Poor Sean died last year but his empire remains in the family. I recently objected in the District court to renewal of the gaming licence to McEniffs Bundoran Limited. The first Judge and McEniffs’ solicitor removed themselves from the case, the solicitor coming off record after I raised a concern of conflict of interest. I objected as a member of the Public, though I have had my travails with sean McEniff when I was Bundoran’s traffic warden. When I objected that gaming machines accept notes while the 1956 act maximum is 20 cent, the solicitor for the McEniffs Gerry McGovern did not deny it. Instead he just noted that revenue issued certificates and that gardaí and fire officers had no objections. “If there was a difficulty, the gardaí and revenue wouldn’t be long moving in”, he said. But that is the core of the problem. As to my objection that there were too many machines in Bundoran, Judge Denis McLoughlin said that would only be valid in case of a new application. McGovern said it was an application that had been renewed umpteen times and hadn’t been changed. And in Donegal it seems that is the main thing. The Revenue’s webpage states that it up to the District court to “limit the amount of the stakes and prizes and limiting the number of gaming machines”. But Judge McLoughlin was not interested. I have been before the District, circuit and High Courts on occasion, always representing myself. In 2012 in Donegal Circuit Court, Judge Keenan Johnston highlighted that as a lay litigant “She`d be entering the court with one hand tied behind her back”. The dysfunctionality of Donegal from policing to planning to electoral fraud to unemployment to paedophila is now well documented. Sometimes you feel fighting for justice here leaves you very much alone. Patricia McCafferty

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Villager February 2018

by Village 1 February, 2018 0 Comments

Listen up around what they’re at Villager likes nothing more than a shafted preposition. Most of the articles that come in to this magazine are from academics writing ‘around’ their subjects. They go into Village’s file of death along with cover letters for CVs that sign off cheers. So he was thrilled to see the Irish Times say of Nama that is lending €384m to allow developers to “build out projects”. Zagantagonism It’s been a bad month for Rugby schools. Paddy Jackson, the Kiely’s set-to, the illicit publication of the letter from Eunan O’Carroll. And now Frank Armstrong. The editor and half the Champagne socialists/ environmentalists whose whimsies fill the pages of Village have been taken aback by young Armstrong and his piece in the current edition ripping apart Gonzaga College, alma mater to non-conformist and unbulliable egos of all sorts, from Ranelagh right as far as Bray. Hypocrisy on Equality Talking of which it was amusing to see Michael McDowell bemoaning inequality – “the rich getting far richer” in the Sunday Business Post where he ties down an, unpaid, column. When he had power he was largely an agent for liberalism – and inequality, even claiming the economy “demands inequality in some respects”. In 2004 he told the Eonomist Survey of Ireland that he “sees inequality as an inevitable part of the society of incentives that Ireland has, thankfully, become”. He was quoted by The Economist magazine as offering a robust defence of the gap between rich and poor in Ireland. And he told the Irish Catholic that “a dynamic liberal economy like ours demands flexibility and inequality in some respects to function”. It was such inequality “which provides incentives”. He said: “As far as I am concerned liberal politics and liberal economics go together. In a liberal society, equality of opportunity is an equal opportunity to become unequal. A society which legislates and controls in every way to create some sort of mathematical equality just doesn’t work”. In his pomp he believed: “Driven to a complete extreme, the current rights’ culture and equality notion would create a feudal society”. McDowell sat at the Cabinet table for a decade while the country was run – to disastrous long-term effect – in the interests of elites and cartels, including the legal one he still feeds off. McDowell pulled the plug on the Citizen Traveller campaign when it dared to be controversial. He delayed and censored the reports of his department’s own inspector of prisons, Judge Dermot Kinlan. Dodgy Donegal There is still no sign of a date for the High Court case being taken by Michael McLoone, former County Manager in Donegal, represented by barrister Michael McDowell, over a 2014 Village article titled ‘Dodgy Donegal Planning’, alleging improper behaviour in Donegal County Council’s treatment of planning matters. Nor is there any sign of the Department of the Environment’s report into the activities detailed in the impugned Village article, though it has been promised for years. Loughinisland threats Village has received correspondence from the Hawthorns, Ronnie and Hilary saying they will take legal action over the naming, in these pages, of Ronnie as chief suspect for the Loughinisland massacre in 1994 when six Catholics watching a world cup match were gunned down in a pub. The Hawthorns’ concern vacillates between defamation and privacy. But they seem to be having trouble getting anything beyond a few emails together. Colgan threats And Michael Colgan has apparently initiated proceedings against Village for “defamation of character”, though Village hasn’t been served with anything so we’re not really sure. Colgan alleges a recent editorial implied he was guilty of serious crimes and rape. Village claims it was accusing him of harassment. Unthreatening After all that hassle Villager often wonders if it isn’t better to just say nothing. Then you can become as popular as William and Kate, Royal heirs in waiting, who have literally never saidanything anyone can remember. Kith and Quinn Villager never gets cross, never raises his voice. But he hates those Quinns. Complaints by Sean Quinn jnr and his wife Karen Woods about a recent failure to pay some of their €100,000 annual living expenses should be seen in the context of a “scheme of misappropriation on a grand scale”, the High Court has been told. Some €10m has been extracted from a company in India “and we don’t know where that has gone”, Barry O’Donnell SC, for the special liquidators of Irish Bank Resolution Corporation, said. Documentation from India and Hong Kong showed “a scheme of misappropriation” was executed, over time and especially in 2010, at the instigation, and for the benefit, of members of the Quinn family. The transactions at issue “have never been explained” and while the family maintain they had no idea what was going on, that is “wholly implausible”, he said. This, and the fact Quinn and his wife are receiving close to €100,000 annually in living expenses, was of concern to the bank and it was “imperative” the matters were addressed. Villager absolutely begrudges them their 100k. If he had his way the radical left would have picketed the likes of the Quinns instead of faffing around harassing water-meter installers. And he wants to know where Peter Darragh Quinn, a nephew of the bankrupt former billionaire, on the run five years after an arrest warrant was issued for him, is. Ireland biggest environmental mess by a landslide In July 2008, the Court of Justice of the European Union (CJEU) ruled that Ireland had failed to carry out a proper assessment for the 70 turbine Derrybrien wind farm which was built in the early 2000s. The Government has yet to carry out the assessment on the site. The construction work on the wind farm led to a 2km landslide in October 2003, which the Commission itself has called “environmentally devastating”. The incident caused 450,000 cubic meters of peat to slide down the mountainside, which was washed into the local river systems. The European Commission has now requested that the

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Adamned if he does, adamned if he doesn’t

by Anton McCabe 5 October, 2016 0 Comments

The news that serial non-litigator Gerry Adams is to sue over allegations he sanctioned the murder of IRA informer Denis Donaldson, cannot surprise. Contrary to what has become the received wisdom, the former security force agent in the IRA did not tell BBC Northern Ireland’s ‘Spotlight’ programme on September 20th that Gerry Adams sanctioned the killing of Denis Donaldson in 2006. His allegation was much more tentative. Despite this, media outlets have run with the allegation that the decision to carry out the killing was agreed by Adams, and that the IRA carried it out. An example is the Irish Independent headline: ‘Gerry Adams sanctioned the killing of British spy, claims former IRA man’. This is based on a section of the programme, where reporter Jennifer O’Leary is interviewing ‘Martin’, a former IRA man and police agent. A transcript reads: Jennifer O’Leary: “Martin also said he told his Special Branch handlers what he had learned about the murder”. Martin: “Not too long after Denis was murdered I was told by a member of the IRA, an active member of the IRA, that the IRA had killed Denis, and not anybody else. I gave that information to the Special Branch.”. Jennifer O’Leary: “What was your handlers’ reaction to that information?”. Martin: “They were just totally mute. There wasn’t any acknowledgement of what I’d said. The subject was changed to something else”. Jennifer O’Leary: “Are you surprised?”. Martin: “No. I think they knew themselves. You see I just think you know they and the whole status quo had seen Denis’ death as internal housekeeping and they were happy enough to put up with it. I believe they acted on some information and didn’t act on other information because it was too politically sensitive to do so”. Jennifer O’Leary: “Martin believes that the shooting of Denis Donaldson was sanctioned by the man at the top of the Republican movement, Gerry Adams. Spotlight understands that by 2006 Gerry Adams had stepped aside from the IRA Army Council but Martin claims that Adams was consulted on all matters”. Martin: “I know from my experience in the IRA that murders have to be approved by the leadership and they have to be given approval by the leadership of the IRA, the political leadership of the IRA and the military leadership of the IRA”. Jennifer O’Leary: “Who are you specifically referring to?”. Martin: “Gerry Adams. He gives the final say”. Note: there is nothing indicating this IRA man had first-hand knowledge of Adams’ approving the killing. Note also: the final line is “He gives the final say”. Not “He gave the final say”. What we may call the alleged allegation runs contrary to the Real IRA’s claim of responsibility for the murder in 2009. After the programme, a former Real IRA army council member spoke to journalist Suzanne Breen of the Belfast Telegraph, and reiterated the claim. Breen is a trenchant critic of Adams and the mainstream IRA, so the claim must be taken seriously. Unfortunately, Donaldson was cavalier about his own safety. Some time after he was unmasked in 2005, he went to a cottage in Donegal that had been a safe house for the INLA and IRA for years. It was secluded, so killers could stake it out if necessary. It was near a main road, in an area with a lot of holiday homes, so escape was easy and strangers didn’t stand out. Donaldson had been an informer since at least the mid-1980s. Two groups had particular grudges: families and friends of those killed as alleged informers, people not as well-connected as Donaldson; and families and friends of those IRA members killed or imprisoned because he may have betrayed them. Crucially, the IRA did not need to kill him. He no longer had their protection, and there were plenty of others willing to do it. The killing was similar to that of Dungannon taxi driver Barney McDonald in 2002. In both cases a shotgun was used, making forensics difficult. The current story took off because there is a media obsession with Adams, who is a safety-valve for Sinn Féin’s opponents in politics and the media. It must be said that he has left himself open by seeming ridiculous with his denials of IRA membership. Martin McGuinness receives nothing like the same treatment, despite his admitting having held high rank in the IRA. As Deputy First Minister, McGuinness is central to the political process in the North. The DUP perceive him as a ‘moderniser’ in Sinn Féin. So a media campaign against him might damage the political process. The episode of ‘Spotlight’ is available on the BBC I-player until October 19th. The relevant section can be watched beginning at 51 minutes. Anton McCabe

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Done gall

by Michael Smith 5 October, 2016 0 Comments

Former County Manager of Donegal, Michael McLoone, is continuing with his High Court proceedings for defamation against Village. In 2014 the magazine printed allegations which it claims were both true and contained in an affidavit opened in court proceedings, by former Donegal senior planner, Gerard Convie, an employee of Donegal County Council for 24 years. McLoone claims he has been massively defamed. Meanwhile Convie’s allegations are being assessed by a senior counsel appointed by the Department of the Environment. Convie has consistently, in court and elsewhere, claimed that during his tenure there was bullying and intimidation within the council – of planners who sought to make decisions based exclusively on the planning merits of particular applications. He claims one councillor constantly referred to him as a “wee shit from the North”. In the opened affidavit, Convie alleges McLoone: 1. Recommended permissions that breached the Donegal County Development Plan to an extent that was almost systemic 2. Submitted planning applications to Donegal County Council on behalf of friends and associates 3. Dealt with planning applications from submission to decision, including some from friends, family and associates 4. Ignored the recommendations of planners 5. Destroyed the recommendations of other planners 6. Submitted fraudulent correspondence to the planning department 7. Forged signatures 8. Improperly interfered as described in a number of planning applications 9. Was close to a number of leading architects and developers in Donegal, including the head of the largest ‘architectural’ practice in Donegal, with whom he holidayed but the relationship with whom was undeclared. Convie made a number of complaints dating from 2006. He had a list of 20 “suspect cases” in the County. As he later reverted to private practice he claimed to have discovered many more, perhaps hundreds, “a cesspit”. In 2006 he complained to the Standards in Public Office Commission (which ruled the complaints out of time). That same year the Council sued Convie for his allegations, but dropped the proceedings after a fractious four years, without any damages or costs award. In another case McLoone won damages from a local newspaper which had printed some of the allegations but which did not fight the case in a full hearing. Following complaints from Convie after the Greens got into government Environment Minister, John Gormley, announced ‘planning reviews’ in 2010, not of corruption but of bad practice – in seven local authorities including Donegal. Convie’s case studies comprised all the material for the review in Donegal. But when the new Fine Gael and Labour government took over they very quickly dropped the independent inquiries. A lazy 2012 internal review by the Department of the Environment stated of Donegal – according to Minister Jan O’Sullivan in the Dáil, that: “… the complainant [Convie] has failed at any stage to produce evidence of wrong-doing in Donegal Council’s planning department”. Convie felt this left him in an invidious position and he successfully sued. In the High Court Order, all the conclusions by the Minister were withdrawn and an apology issued. Counsel on behalf of the current Donegal County Manager, Seamus Neeley, objected to the decision as it did not know why the case had been settled, though Convie’s barrister noted that the Council was a notice party that had played no active part in the case. There appear to have been no ramifications for the civil servants who concluded that Convie’s complaint did not constitute “evidence”, less still for the ‘progressive’ Minister who accepted the conclusions. The government was forced to reinstate the planning enquiries and found maladministration but not any sort of corruption in the cases outside Donegal. After the ‘RTÉ Investigates’ programme which apparently uncovered examples of corruption in planning last year, the government sheepishly announced a package of ‘radical’ planning measures which included the belated publication of the independent review which uncovered considerable evidence of malpractice throughout the planning system and includes 29 recommendations to improve “standards of transparency, consistency and accountability” which the Department says it will implement. The Convie file was referred to the Attorney General for direction and in the end senior counsel, Rory Mulcahy SC, was appointed to look into it. Convie by all accounts engaged with Mulcahy over the issues which were the subject of the complaints, but has now withdrawn from the process. Mulcahy has spoken to the Council and informed Convie that he would be seeking to interview other relevant parties. He is around half way through the exercise. In February this year Alan Kelly, the then Minister for the Environment, claimed, “this independent process underway remains the priority of the Minister, his Department and his officials”. However, though in general content with the process – which being non-statutory is precariously ‘open-ended’, Convie has some particular concerns. He considers the Minister changed the terms of reference for Mulcahy by re-inserting a confidentiality clause, which unlike an earlier version omitted to state that the provision would continue in force “notwithstanding the termination of this contract by either party for any reason”. In the end the Minister partially reinstated the term relating to the confidentiality of his work. Moreover Convie wants the process to embrace An Bord Pleanála to which he claims improper representations were made. He claims that in the 1990s he bid on a site in Magheraroarty, Co Donegal, never trying to hide anything. His bid was accepted by the owner but on reflection Convie says he felt it was far too much land which his family could not afford. He was approached by a builder in Donegal, Patrick J Doherty, and was delighted when he agreed to take the land and Convie bought a site from him. This posed potential conflicts of interest for Convie. However at all stages of the multifarious transactions, Convie made the necessary declarations of involvement in the land. Doherty made a pre-planning application to determine the attitude of the planning office to the development of the site. As the relevant planning official was on leave [and Convie was dealing with his work as well as his own] he says

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Planning in Donegal

by Village 26 January, 2016 0 Comments

Gerard Convie is a man who wears sober ties and measures his words. He worked for the County Council in Donegal, once Ireland’s most beautiful and wildest county, as a senior planner for nearly 24 years. He has claimed that during his tenure in the Council planning irregularities were perpetrated by named officials at the highest level in the Council. He claims these included former Manager Michael McLoone – who has initiated defamation proceedings against Village magazine (though we’ve heard nothing in a year) – as well as named county councillors. Convie had a list of more than 20 “suspect cases” in the County, a ‘cesspit’. Two years ago the government initiated a review of his allegations. Then a Minister dismissed them as lacking substance and closed it down. Convie claimed this made him look bad and sued. And got a payout and – in September – , the appointment of a senior lawyer, Rory Mulcahy to look into his allegations. The ‘review’ [by god is this not an Inquiry or Tribunal] is non-statutory ie makey-uppy and Minister Alan Kelly has reserved the right for himself or his successor not to publish its findings. So he has provided in surprisingly hazily- drafted terms for review of “all written allegations received in the Department in relation to certain planning matters n [sic] respect of Donegal County Council”. Originally the terms contained a confidentiality clause but following further correspondence this seemed to disappear. In November, Convie expressed his concern that his evidence may be shared beyond the ‘review” and said he considered the change may represent “bad faith” and even “affect my continued cooperation with the exercise”. The terms also fail to make it clear if it will address impropriety ie corruption or just ‘bad practice’’ie incompetence though if it does not address impropriety it’s possible that Convie will feel slighted and have another payday.