Category — Community & Amenity

Some months ago Council received the sum of circa 40,000 to improve the bend on Cooney’s Lane and install a pedestrian crossing.
The Engineer originally wished to remove a substantial bank at the corner but having consulted with local residents we have now received a map of the proposed layout. In it Council propose to side the pedestrian crossing adjacent to Newton Court just where the ditch and trees line the roadway.

I understand that the Tree Surgeon has recommended the felling of just two trees one ash and one beech, basically the second and fourth tree and to trim the others. Council also proposes to install a footpath to join with other footpath on Cooney’s lane/Hollyville. They propose to trim back the hedge on the opposite side which will widen the current footpath and instal an unregulated crossing in the vicinity.

I am aware that many children in the area go to Scoil Nicloics and when their extension is completed many more will be attending. I am also aware that schools are actively looking at the setting up of School Walking Bus and therefore for this to get off the ground the footpaths and crossings in the area will have to be upgraded urgently.

There is a review of the Planning & Development Act going through the Oireachtas at the moment and the issue of ensuring that Local Authorities are in a position to take particular roads and other services in their charge is a critical one which I hope the review will act on.

In relation to the the playing pitches in Ardfield I have emails going back to 2004 in an effort to get the issue of this area of ground taken in charge. Various viewpoints have been given to me over the years from officials and I am completely frustrated that there has been no progress in the matter. Its a sad reflection of our systems.

The latest update is as follows “… understanding is that these lands were specifically earmakred as playing pitches as distinct from public open space. However, ownership of the lands still vests in the developer/owner and accordingly, the land has not been taken in charge or handed over to the Council. Until such time as this occurs, the Council are not in a position to deal with the laqnds in the context of future utilisation.

This is totally unsatisfactory as the area surrounding the pitches has been subject to anti social behaviour and litter. This is not fair on the nearby residents and copperfastens the lack of proper framework in the planning bill.

In the long running saga re provision of an appropriate bus stop on Maryborough Hill I want to inform readers of the current position. Council have indicated to me that they want to progress the matter and you will see from the latest letter that the current position is not good news. However I am continuing to try and find a solution on this matter.

In a recent letter in response to my seeking clarification of the current position I detail contents below

“In December 2004 O’Brien & O’Flynn Ltd. received a Planning Approval (Reg. No 04/963) to construct 156 no. dwellings forming Phase 1 of a proposed development at Maryborough Ridge, Maryborough Hill, Moneygourney,Co. Cork County Council
Condition 35 of the permission required, inter alia, that, in the insterest os orderly development

Bus Stops shall be accommodated along the stretch of public roadway at Maryborough Hill fronting the proposed estate.

The existing Bus Stop, in front of Maryborough Ridge on the City bound site of Maryborough Hill is considered to be unsatisfactory. There is no shelter and no fafe area for intending passengers to wait for the bus. Intending passengers currently have to wait on the opposite side of the road until the bus arrives and then cross Maryborough Hill to board the bus. Bus Eireann and An Garda Siochana have also expressed concerns about the suitability of this bus stop.

It is considered that the Developer should comply with the relevant Planning Condition attached to his Planning Permission and provide the Bus Stop. This work has not been undertaken to date.

In recognition of the delay experienced by the public using the existing bus stop Cork County Council is willing to undertake the civil engineering works to provide a bus stop and the necessary pedestrian facilities at a suitable location. This would include the provision of a pedestrian crossing, attitional lengths of footpath, a hard standing at the bus stop and the diversion of existing services. The estimated cost of this is 25,000 excl VAT and the necessary funding is currently in placer.

O’Brien and O’Flynn have sought to tie in the provision of accommodation works with other considerations in relation to the interpretation of planning decisions at this location. This would not be acceptable to Cork County Council and may prejudice our position in relation to these matters.

In the circunstances it would both be impossible and impractical to undertake these works without the developer creating the necessary setbacks and providing the required accommodation work.”

This is the position as outlined to me but I am renewing my efforts to break the logjam. I have always found both parties to be reasonable and I will again contact them to see if the matter which is of critical importance settled for the greater good.

The highlighting of the increased and widespread antisocial behaviour and the apparent lack of progress in tackling same has, I am pleased to report, led to a major move led by the Garda Siochana. After a few meetings of the Joint Policing Body at Council to discuss my submission on same, a Partnership Consultation Model & Action has been agreed.
Public Meetings will be held in the Garda District Level on a quarterly basis facilitated by the District Officer (Garda Superintendendent)
The Following Stakeholders should be in attendance at these meetings:
A representative from An Garda Siochana
A representative from each Community Association
A representative from the Department of the Environment
A representative from the Roads Authority
A representative from the Planning Authority
A representative from the Housing Authority
A representative from Foroige
Voluntary Contributors
Local County Cllrs

All interested members will be invited to attend and the District Officer, Togher, will commence his meeting ASAP in Douglas. This is great news because any issues highlighted will have a response in two months and what action has been taken.

Crime statistics tell only part of the story. I know that of the many people who are affected by anti-social behaviour, not everyone will report it to the police because they think that nothing can be done. This has to change and that is why I believe we have to make tackling anti-social behaviour a key priority at local level.

I recognise that anti-social behaviour is caused by all age groups, not only the young and not only in deprived communities.

I contend that the basic principle is that every one of us has rights, but we also have responsibilities. That principle is, after all, the core requirement for a healthy civic society. A society where we respect each other and our property and where we respect the communities we live in.

Most people in Ireland live their lives in a law abiding manner and bring up their children by that principle. But there are a few among us who do not fulfil their side of the bargain. That small minority undermine the lives of the many. Working together we can turn the tide on anti-social behaviour.

Broad range of anti social behaviour

Examples of anti-social behaviour that can be tackled by Community Service Order include:
• Harassment of residents or passers-by
• Verbal abuse
• Criminal damage
• Vandalism
• Noise nuisance
• Writing graffiti
• Engaging in threatening behaviour in large groups
• Racial abuse
• Drinking alcohol while under age
• Substance misuse
• Joyriding
• Begging
• Throwing missiles
• Assault
• Vehicle crime.
• Dogs barking incessantly

Current position

The Current position from my point of view is that many people who complain about anti social behaviour call their local councillors expecting the Council to resolve the problem or the Gardai to respond to the call. In most cases the perpetrators have moved on before the Gardai arrive and tell them to move on. Eventually, the residents give up complaining believing nothing can be done. Many are afraid to put their names to paper for fear of reprisals. In February the Minister for Justice, Equality & Law Reform stated the key priority for the Garda Siochana must continue to be serious organised crime, policing communities and preserving peace and public order. He wants the Gardai to achieve the maximum levels of safety for local communities.

The White Paper on Crime Consultation Process highlighted co-ordination of crime prevention efforts between the relevant agencies, community policing, community partnerships to prevent crime and improve quality of life, greater use of community based sanctions, restorative justice and more.

The Current Bye Law for the prohibition of consumption of alcohol in public places is specific to certain areas in the county. By amending this bye law or introducing a new anti-social behaviour bye law will enable the matter to be tackled efficiently and effectively. I contend that a Bye Law for the prohibition of Anti-Social behaviour is within the remit of the Local Authority members. According to recent report by County Solicitor, “there is a ‘catch all power‘ to take such action as it considers necessary or desirable to promote the community interest in accordance with Section 66 of the Act and it is this provision that was used to justify the passing of byelaws re consumption of alcohol in public places”.
Effective enforcement
• By introducing new or strengthening the current Bye Law at Local Authority level to introduce appropriate deterrents . i.e. Community service orders if behaviour is not modified after warnings (if appropriate) from Gardai/Probation /Garda Reserve Officers.
• Offenders given a choice to complete Community Service Order or proceed to Court. If behaviour is more severe, immediate Community Service order imposed. Probation Officers could oversee the Community Service Orders (CSO) or the Garda Reserve in consultation with other agencies.

This bye law will:
• Strengthened local authorities/Garda powers to tackle noisy neighbours
• Strengthening local authorities/Garda powers to deal with landlords who don’t tackle anti-social behaviour by their tenants
• All complaints and data to be logged monitored and assessed on continual basis for effectiveness of response.
• All complaints to Local Authorities members to be fed into system.
• Give protection to whistleblowers.
• Protecting and empowering communities – Trinity of Local Authorities, Social Workers ,Garda & Community working together with clear lines of responsibility and timely responses.
• Recognition at national and local level that appropriate resources must be allocated to specifically tackle this problem.
• Key personnel to be appointed to administer the scheme, liaise with other agencies and oversee Community Service orders and provide data feedback and monitoring

Strategies for tackling Anti Social behaviour

These include:
• Extending Anti-Social CSOs orders from 12 year-olds to adults.
• Introducing focused, visible Community Service Orders
• Introducing Parenting Orders requiring parents to act in the best interests of their children
• Banning the sale of spray paint and permanent paint markers to under-16’s
• Set up proactive anti-social behaviour units
• Responsible Planning strategies to minimise anti-social behaviour
• Encouraging wider use of Acceptable Behaviour Contracts for children and parents
• Highlight Local Authorities responsibility for litter, fly-tipping, graffiti and abandoned cars
• Piloting ‘good neighbour’ declarations setting out the respective responsibilities of landlords, tenants and agencies
• Introducing fixed penalty notices for some anti-social behaviour

ASBOs and Community Service orders are both designed to put a stop to anti-social behaviour by the individuals on whom they are imposed. But they work in very different ways, and these differences will inform the judgement of professionals as to which of them may be the best option in any particular case.

The most obvious difference is that the ASBO is a statutory creation, and carries legal force; the Community Service order may be an informal procedure, though not without legal significance. The advantage being that the offender gets a chance to make good and doesn’t receive a criminal record with possible jail sentence.

The purpose of the new or extended bye law is to deliver real improvement in the quality of life to communities around the country, enablingLocal Authority/Gardai to impose orders under certain circumstances. Acceptable behaviour contracts are voluntary agreements made between people involved in anti-social behaviour and the local police, the housing department, the registered social landlord, or the perpetrator’s school. They are flexible in terms of content and format. Initially introduced in the London Borough of Islington to deal with problems on estates being caused by young people aged between 10 and 17, they are now used with adults as well as young people, and in a wide variety of circumstances. They have proved effective as a means of encouraging young adults, children, and importantly, parents to take responsibility for unacceptable behaviour. They are being used to improve the quality of life for local people by tackling behaviour such as harassment, graffiti, criminal damage and verbal abuse.

This bye law can draw on the experience of police services, local authorities, youth offending teams, and other organisations. It is intended for use by practitioners – people with a professional responsibility for tackling anti-social behaviour, whether they represent local authorities, the police, youth offending teams, registered social landlords, prosecutors, the judiciary, or any other agency which seeks to tackle the problem of anti-social behaviour.

Making Good

What’s going on already?

Here are just a few examples of recent Community Service projects in other jurisdictions to give you an idea of the type of activities that can be delivered:

• Making benches and placing them in local parks
• Clearing churchyards and public alleyways
• Refurbishing and restoring abandoned push bikes to sell for charity
• Painting fences, graffiti removal, path clearing and general maintenance
• Renovating a community garden at the back of the local fire station
• Building bird boxes and planters for donation to old people’s homes and train stations
• Decorating a community charity shop
• Library filing, shelving and labelling books)
• Litter picking in local parks, gardens and community centres
• Clearing public spaces that encourage anti-social behaviour
• Cooking, cleaning and socialising at day care centre for adults with enduring mental health needs
• Cooking meals at for the homeless
• Making badges for charity
• Litter picking and leaf clearing at children’s playgrounds and communal paths
• Running an allotment growing vegetables for local charities
• Community litter sweeps in partnership with ‘Keep Cork Clean’ and local voluntary groups
• Preparing and delivering soup and sandwiches to street homeless people

CONCLUSION

For many years real people have suffered immeasurably because of anti-social behaviour. The cost to local authorities and other agencies in ‘picking up the pieces’ has not been quantified. The loss of amenity for law abiding hard working men women and their families is more than substantial. We as local authority members have a duty to represent the people in as fair and efficient manner. We are responsible for their environment at a local level. I believe by passing this bye law will give these communities real peace and a living environment they deserve.

For too long we have left it to others to ‘do something’. This Bye Law will give us the opportunity to stand up and be counted.

Cllr Deirdre Forde

087-9161952

Anti social behavior causes untold misery to many people across the County and perhaps the Country. There needs to be a meaningful penalty which will act as a real deterrent to individuals. To date the problem is increasing and we have no real data as to the costs involved in terms of trying to catch the individuals, processing the law and repairing the damage. In addition, ordinary people who want to live a peaceful life, pay their taxes, enjoy their environment and participate in community activities have to pay the price twice through anxiety and mounting taxes.

Prior to the last local elections many representations were made to me chiefly about such behavior. The local authority have a role in processing fines for the Bye law for the Prohibition of Drinking in Public places, the Gardai issue the fine and the Council send it to the individual some are paid and if not then its up to the Gardai to take it to the courts. This is ineffectual, the fine is derisory, the Gardai and Local Authority’s time is wasted and no real benefit ensues.

I proposed that Cork County Council expand the current Bye Law to take in all anti-social behavior and instead of a small fine have community service to repair damage to property or help the community in a specific way. I also intend (not least because I received a phenomenal reaction across the country) to put a motion before the Fine Gael Ard Fheis on March 19th to urge the Party to follow on from the Local Election Manifesto to tackle the issue at national level. Cork County Council’s Joint Policing Committee is to discuss such a proposal which hopefully will receive widespread support.

The benefits would be two fold the community would have additional help when the work is carried out under supervision, the tax payer cost would be reduced and the embarrassment would be a real deterrent to the offender. Obviously, I am speaking about persistent offenders here not a once off situation. In addition, it would prevent the growing sense of powerlessness in the face of increasing antisocial behavior. Our Gardai can only do so much and the courts may be reluctant to impose custodial sentences for relatively minor offences, especially as our prisons are so overcrowded.

I can be contacted on 087-916 1952 or at info@deirdrefore.ie for more information or if any article is of interest to you.

Thank you, Deirdre.

FG’s FairCare plans can change A&E as new HSE report shows trolley pain persists – Reilly

I am pleased to announce Fine Gael Health Spokesperson, Dr James Reilly TD,  reacted to the latest HSE performance report saying that the Fine Gael party’s FairCare policy would make a real difference to A&E by radically reducing  trolley waits.

“You can’t keep following the same old policies and expect things to change.  The latest HSE report has a sadly familiar ring to it.  I have been persistently highlighting the problem with delayed discharges and so-called bed blockers for months and today’s numbers just confirm what I have been saying.  The need for more long stay beds, rehabilitation and convalescence support is obvious.  The really frustrating thing is that there are beds which could be contracted immediately if the will was there.This could dramatically improve the situation overnight.

“Long term, Fine Gael’s FairCare plan is the way forward.  By investing in primary care, slashing waiting lists using a special Service Delivery Unit, ending long trolley waits and reforming the way hospitals are paid so that the money follows the patient, we can radically transform our health service.  Once this important groundwork has been done we’ll bring in Universal Health Insurance with free GP care for all.  I believe FairCare is the right vision for our health service and I am determined to put it into action.”

Fine Gael’s Local Election Manifesto
2009
Local Strength, National Recovery

Message from Enda Kenny TD

1.
Creating Jobs – Getting Ireland Back to Work
2.
Protecting Small and Medium Businesses
3.
Reforming Local Government – Business & Employment
4.
Fixing the Banks
5.
Better Planning
6.
Climate Change
7.
Reducing Waste – Improving Water
8.
Creating a Fair Care Health System
9.
Tackling Anti-Social Behaviour
10.
Supporting Communities
11.
Improving our Universities
12.
Improving our Schools
13.
Transport
14.
Developing Agriculture

Guaranteed Change
Fine Gael believes that Ireland can return to growth and prosperity if we have the courage and vision to change the way we run our economy and govern our country.
Ireland is facing its worst economic crisis since the foundation of the State. By Christmas, at least 500,000 people will be out of work.
Across the country, anxious families are looking to Government for answers, for a sense that it has a plan to get things moving again. So far, the Fianna Fáil Government’s only answer has been to make ordinary people pay the price for its many failures.
Above all Ireland needs a Government that is not afraid of new ideas, and is willing to embrace radical change. Fine Gael can and does embrace change. We are not offering instant, easy solutions to Ireland’s many problems. But we do have a bold, ambitious plan, which will also strengthen local democracy, to get Ireland growing again.
Fine Gael’s plan for Ireland is built around three elements:
1.
A New Approach to Government
2.
A Greener, Smarter Economy, and
3.
A Fairer Ireland

A New Approach to Government
Over the last ten years, the Government has thrown money at every problem in the public sector, without making any real change to the way the system works. Billions are wasted, even as services for the most vulnerable are cut, and taxpayers are hammered by additional charges and levies.
The rest of this report can be viewed at http://www.finegael.org/policy/a/18/article/

The Fine Gael Leader, Enda Kenny TD, launched the party’s new Fisheries Bill which is designed to introduce an Irish system of administrative sanctions so that fishermen do not face exclusively criminal sanctions for sea fisheries offences.

Speaking from the launch of the Bill in Castletownbere in West Cork, Deputy Kenny said:

“Current legislation governing fisheries offences in Ireland imposes extremely serious penalties even for minor breaches. Fine Gael recognises that serious quota breaches and environmental offences should attract the full rigour of fisheries enforcement. However, Ireland is out of step with all the other maritime jurisdictions in Europe because we rely exclusively on criminal sanctions for sea fisheries offences. Fine Gael’s Bill, which has been drafted by Cork South West Deputy Jim O’Keeffe, will correct this anomaly and redress the imbalance in the way we deal with breaches of seafisheries law.”

The author of the Bill, Deputy Jim O’Keeffe said:

“I believe this Bill deals with a significant flaw in the Irish approach.Serious breaches will continue to be dealt with by serious penalties. However, it will provide a mechanism for keeping minor or technical infractions out of the courts. For constitutional reasons Ireland cannot adopt the continental system of administrative sanctions directly so my Bill creates a process to establish a fixed penalty approach for certain offences. This has a number of advantages including the promotion of a greater culture of compliance, reduced administrative costs as offences are dealt with by administrative measures rather than through the courts and the faster conclusion of cases.”

Fine Gael Agriculture, Fisheries and Food Spokesperson, Deputy Michael Creed, welcome the Bill saying:

“The Government should support the Fine Gael Bill which is a sensible way of putting in place an effective system of sanctions for fisheries offences.
Fishermen have been distressed at the imposition of criminal for even minor breaches of technical regulations.
The Fine Gael Bill will mean a criminal record and the associated stigma can be avoided by accepting a fixed penalty notice in place of court proceedings. I believe there should be no objection to our Bill which only places Ireland on a level playing pitch with the rest of Europe by no longer retaining an exclusive reliance on criminal sanctions for fisheries offences.”