the rathcoole & saggart news

100% IRISH OWNED16TH jAn 2012 P.O. bOx 3430, TALLAgHT, DubLIn 24 TeL: 451 3822 email: [email protected] web: www.newsgroup.ie

Have you been injured in anaccident on the road, in theworkplace, as a result of medicalmisadventure or in a public area? Ifso, you will be interested to notethat ROMAINE SCALLY & COMPANYSOLICITORS OF MAIN STREET,TALLAGHT, DUBLIN 24 TEL: 014599506, E-MAIL:[email protected], have nowlaunched their new ACCIDENTHOTLINE (lo-call 1890 947076).For urgent advice and earlyappointments to discuss youraccident please call this numberwhere you will be assuredprofessional advice to deal with your

accident. With over 30 yearsexperience dealing with accidentcases, we offer you the benefit ofour advice to deal with all the legalaspects of your accident and will onrequest process your claimefficiently and speedily. Call us nowon 1890 947076

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Local Minister, FrancesFitzgerald T.D., issupporting plans tointroduce minimumpricing for alcohol inIreland. The proposalwould mean thatsupermarkets could nolonger use specialoffers on alcoholicdrinks as a loss leader.It would also havesignificant effects onthe prices of own-brandlabel spirits.“As a society we havean unhealthyrelationship withalcohol. A multi-facetedapproach needs to be

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Depression, anxiety andstress-related issuesaccounted for more thanone third of the problemsclients brought to theservice which is operated bythe Institute of IntegrativeCounselling andPsychotherapy with supportfrom the HSe and the FamilySupport Agency.

The VCS provided anout-of-hours emergencyservice over the holidayperiod. "People’s problemsdon’t disappear justbecause it’s a holiday time,"says VCS chairpersonMarcella Finnerty. Theholiday period "bringspressure on us with imagesof the perfect relationship

and the perfect family –neither of which exist inreality," she added.

This year's figure of 665 newclients contrasted with 491last year and 375 in 2009."Due to the difficulteconomic climate this hasbeen our busiest year todate," said Ms Finnerty. All

counselling is provided byvolunteers who aregraduates or advancedstudents of the Institute ofIntegrative Counselling andPsychotherapy.

The average number ofsessions per client is ten,though no limit is placed onhow many a person may

have.The breakdown of the topten presenting issues withthe percentage of clientswho experienced thatproblem is as follows - Depression 17%bereavement 11%Anxiety 11%Family Difficulties 10%Relationship Difficulties 10%

Anger 6%Addiction 4%Panic Attacks 4%Self esteem 4%Stress 4%

About one tenth of clientsare minors.

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taken to tackle thisculture. Introducingminimum pricing foralcoholic drinks is oneof the steps that will goa long way towardsshifting this culture andcreating furtherbarriers betweenalcohol and teenagers,”said Minister Fitzgerald.

“Research conductedby Irish Youth justiceService, now under theremit of myDepartment, inconjunction with Angardai Siochana, showsa shocking correlationbetween alcohol andcrime. In 2008, alcohol

related offencesaccounted for 20% ofthose referred to thegarda Youth DiversionProgramme and perhapsmore significant is thefinding that when allalcohol relatedoffences are taken intoaccount – alcoholcontributes to 50% ofmore of all youthcrime,” continuedFitzgerald, Minister forChildren & YouthAffairs.

“Alcohol abuse byteenagers contributessubstantially toanti-social behavioursin our public spaces,

parks, playgrounds andgreen areas. It has animpact on the lives notjust of those who arebecoming involved inpublic order offencesbut local residents whoare affected night afternight by breaches ofthe peace and oftenintimidation. Researchconducted by thenational Drug-RelatedDeaths Index in 2008showed that one in fourdeaths in young menwere due to alcohol.This is a startlingstatistic but,unfortunately, this isthe harsh reality thatmany families are faced

with. Introducing aminimum pricingstructure for alcoholwill impact on theseyoung people’s abilityto access alcohol,”continued Fitzgerald.

“We have seen firsthand the impact of theintroduction ofmandatory alcoholtesting in terms of thereduction of roaddeaths. More measuressuch as this need to beintroduced to helpreduce alcoholconsumption in Ireland.Alcohol abuse costs theState around €4 billionevery year in terms of

health care costs, lossof productivity, criminalcosts and alcoholrelated road accidents.Alcohol is involved in27% of reporteddomestic abuse casesand is a contributoryfactor in half of allsuicides. We need to doall we can to changethis. Scotland has beenleading the way interms of changingnational attitudestowards alcohol. I lookforward to working withmy colleague MinisterRoisin Shorthall towardsachieving this goal,”concluded MinisterFitzgerald.

MiNiSteR BackS PRoPoSal foR MiNiMuM PRiciNgPRoPoSal foR alcohol ............ fRoM Page 1

RecoRd atteNdaNce at loW coSt couNSelliNg SeRVice aS ecoNoMic StReSSeS BiteAs economic stresses increase, a record 665 new clients attended a low-cost counselling service for the greater Tallaght area, the Villiage Counselling Service, in 2011

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Most Irish people’sfinances have taken ahammering and it isessential that withtaxes rising anddisposable incomesfalling, anyone whohasn’t done so by nowneeds to get theirmoney affairs in orders,the co-author of thebest-selling TAb guideto Money, Pensions andTax, jill Kerby hasstated.

Kerby was speaking atthe launch of the 2012edition of the TAbguide to Money,Pensions & Tax. TheTAb guide has beenpublished annually forover 30 years and itseasy-to-read,jargon-free formula hasmeant that it’s been onthe best seller list everyyear and should be onevery household’sbookshelf.

“With incomes beingsqueezed by pay cuts,the new householdcharge, by higher VATand other costs, is hasnever been morecrucial for individualsand families to get a

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Tallaght based TD Seán Crowedescribed the closure of 62 beds inthe Adelaide and Meath Hospitalincorporating the nationalChildren's Hospital in Tallaght as adevastating blow and said thatunfortunately it looks like the tip ofthe iceberg in relation to bedclosures.

Deputy Crowe said:“The revelation by the Irish nurses’and Midwives’ Organisation thatTallaght Hospital is to close 62 bedsbefore the end of january, includinga 31-bed ward, is a devastatingblow to hospital care in this regionwhich is served by one of thecountry's busiest trauma hospitals.“The closure of these beds is takingplace without any consultation withstaff and in an unplanned andarbitrary way. These bed closuresshould not be happening. Thanks tothe devastating health cuts imposedby the Fine gael/Labourgovernment in budget 2012 theseclosures will be the first of many in2012. no consultation has beencarried out regarding these closuresand no assessment has been carriedout. Closing beds in this haphazardway seriously undermines both thequality and quantity of healthcareavailable to the general populationin this region and certainly does notreduce the demand for care

required by people who are sick.

“2,000 public hospital beds arecurrently closed due to cutbacksand 3,100 nursing and midwiferyposts have abeen lost due to therecruitment embargo.

"These closures will inevitably havea devastating impact on waitingtimes including emergencydepartments. Tallaght Hospital isalready under serious and sustainedpressure with additional beds beingplace on inpatient wards.Overcrowding compromises patientcare and leads to increased risk ofinfection and infectious conditionsincluding the winter vomiting bugand MRSA. The closure of 62 beds inTallaght will inevitably lead togreated pressure and expose thehospital to more overcrowding inthe future. More beds means morepatients suffering needlessly ontrolleys and more waiting at homein pain due to cancelled operations.

"In October Minister Reilly said inreply to questions that he did notagree that more beds closed meantmore patients on trolleys and morepeople waiting for vital operationsand treatment. The Minister needsto get his act together and startvisiting the hospitals where thesebed closures are happening."

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NoW iS the tiMe to get youR PeRSoNal fiNaNceS iN oRdeRgrip on their finances.The volume ofcorrespondence Ireceive shows clearlythat many people aresuffering greatly butcould improve theirsituation if they tooksome simple actions.That’s where the TAbguide comes in: it hasbeen written with theconsumer in mind and isfree of the jargon andgobbledygook that mostfinancial servicecompanies use indescribing the products

they provide.

“After 30 plus yearspublishing the TAbguide, I believe we’vegot the formula rightand that the 2012edition will be aninvaluable tool inhelping people keeptrack of their income,taxes, savings anddebts,” Kerby stated.

The TAb guide toMoney, Pensions and Taxis written by jill Kerby,Sandra gannon and neil

brooks. jill Kerby is apersonal financecolumnist for theSunday Times and alsowrites a syndicatedpersonal financecolumn for a range ofregional newspapers.She is also a regularcontributor on personalfinance topics on RTe,newstalk, Today FM andregional radio stations.Sandra gannon isdirector of TAb TaxationServices and neil brooksis director of TAbInvestment Services.

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ISMe, the Irish Smalland Medium enterprisesAssociation, has calledon Minister burton todrop her ‘absurd’proposal to transferresponsibility for payingsick pay in the firstmonth of illness fromthe Department ofSocial Protection toindividual employers.The proposedimplementation of themeasure demonstratesa bookkeeping ratherthan economicapproach, a profoundignorance of humannature and a lack ofunderstanding of theSMe sector.

According to ISMe Chiefexecutive MarkFielding, “It is mindboggling in the extremethat the Minister is stillleading this one womancrusade to crucify thealready struggling SMesector by threatening tointroduce mandatorysick pay of up to fourweeks.

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“The Minister would befar better off tacklingthe huge level ofabsenteeism within the

public sector, ratherthan interfering withthe private labourmarket and the muchlower absenteeismlevels that already existin the private sector,”continued Fielding.

“The schizophrenictendency of thegovernment isextremely worrying

with job creation beingdrum-rolled as apriority on the one handand this outlandishjob-killing proposal onthe other. Common sense, or anysense at all, needs tobe applied and thisludicrous proposalneeds to be dumpedonce and for all,” heconcluded.

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Fianna Fáil SeanadSpokesperson onFinance SenatorDarragh O’brien hascalled on thegovernment to set adate for theimplementing an actionplan to help strugglingmortgage holders.

Senator O’briencommented, “It is nownearly three monthssince the Keane reporton mortgage arrearswas published, and thegovernment has failedto take any meaningfulaction to helphomeowners in distress.The only step that hasbeen taken is anincrease in relief forfirst-time buyers whopurchased their homebetween 2004 and2008. However this isjust the tip of theiceberg when it comesto tackling the growingmortgage crisis in thiscountry.“In the last few daysthe Taoiseach endaKenny said action willbe taken on this issue

early this year. We haveheard this before.Following thepublication of theKeane report, Ministerof State brian Hayespromised that hisgovernment wouldpublish a detailedmortgage arrearsimplantation strategybefore the budget. Thisdidn’t happen. FinanceMinister Michaelnoonan then promisedthat the strategy wouldbe published beforeChristmas. This didn’thappen. now theTaoiseach has again saidthat the FinanceMinister intends to acton therecommendations inthe Keane report earlythis year. Strugglingmortgage holders arequite rightlywondering, what istaking so long?

“The Taoiseach has alsosaid that a PersonalInsolvency bill will bepublished this month.While this is a welcomestep, this bill will deal

with bankruptcy lawsand will not help peopleto hold on to theirhomes.“We are in a situationnow where nearly 1 in 5mortgage holders are insome level of difficulty.So far there has beenno urgency from thisgovernment to addressthis crisis. Thesehomeowners need morethan just anotherpromise, they need acommitment from thisgovernment with adetailed time-line onwhen policies will beimplemented that willprovide real support tofamilies who are at riskof losing their homes.

“I am calling on theTaoiseach and theMinister for Finance toname a date for thepublication of adetailed action plan totackle the mortgagecrisis. The delays areinexcusable and onlyadd to the distress ofthousands ofhomeowners indifficulty”

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The broadcastingAuthority of Ireland(bAI) has issued areminder that there isless than two weeks leftto engage with thepublic consultation onproposed new rules togovern the level ofsubtitling, signlanguage and audiodescription that Irish

television broadcastersmust offer to thepublic. The new ruleswill update the currentAccess Rules in placesince 2005.The proposals areaimed at makingtelevision moreenjoyable andaccessible for peoplewho are deaf,

hard-of-hearing,partially sighted orblind. The new ruleshave been developedtaking into account areview of the existingrules and changes inbroadcasting schedulesand technology.The proposed accessrules also look at issuessuch as the inclusion of

sign language inchildren’sprogramming; use ofcaptions; audiodescription; the impactof Digital TV on accessservices; ongoingconsultation betweenbroadcasters and userson access; and themonitoring ofcompliance with the

new rules.For the purpose of thepublic consultation, arange of facilities havebeen developed toenable people who aredeaf, hard of hearing,partially sighted orblind to offer theirfeedback. Aconsultation documentthat outlines the scope

and context of theproposed rules has beendeveloped and isavailable in a range offormats from the bAI.Interpretation facilitiesare available for peoplewishing to askquestions, andsubmissions can bemade through adesignated text

message number;lo-call number; or bypost and email.The proposed rules andconsultation documentare available atwww.bai.ie.

The deadline forsubmitting responses is5pm on 24th january2012.

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Big ReductioNS for medical card holdersoN NeW deNtuReS!

Local T.D., MinisterFrances Fitzgerald, haswelcomed news ofmajor reforms to themedical card renewalprocess.“Over the last numberof months I have had aninflux of enquiries tomy office in relation toconcerns over delays inprocessing medical cardrenewal applicationforms. Having raisedthis as an issue, I ampleased to informpeople that the systemis undergoing major

reform and that thiswill meanimprovements for thoseawaiting a decision ontheir medical cardrenewal application,”explained MinisterFitzgerald.

“under the newsystem, a medical cardholder who genuinelyengages with thereview of their medicalcards will not havetheir entitlementwithdrawn before thatreview is complete. TheHSe is undertaking

significant changes tothe review process,which will render it farless administrative andtherefore quicker andmore efficient,”elaborated Fitzgerald.“From january on, the

HSe is easing the reviewprocess for pensioners.This means that reviewsfor medical cardholders 66 years of ageor over will operate ona self-assessment basisas happens for the over70s. It remains thepolicy that medical

card holders are obligedto notify the HSe to anychanges in theircircumstances whichwould disqualify themfor eligibility for amedical card,”continued Fitzgerald.“As part of the reform,being overseen byMinister Shorthall, gPswill now be able tomaintain the eligibilityof their patientsthroughout the renewalprocess and will be ableto add new babies tothe system through an

online facility. Thesereforms will hugelyimprove the system andmedical card holdersthroughout Lucan andClondalkin will benefitgreatly from theseefficiencies,particularly medicalcard holders betweenthe ages of 66 and 70. Iam pleased that thesemeasures have beenintroduced and lookforward to the deliveryof a more efficientservice,” concludedFitzgerald.

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Fianna Fáil Local Area Representative has calledon South Dublin County Council to take effectiveaction in respect of the graffiti along the wallsat Alpine Rise/belgard Heights facing out ontothe new embankment Road.He pointed out that the new extension isattracting huge volumes of traffic to and fromthe area and the graffiti is creating a very poorimpression.He added that the many residents who hadcontacted him on the matter also point out thatusers of the LuAS lines to Tallaght and Saggartare also seeing this graffiti and again theimpression is not a very good one.The former Dáil Deputy for the area says that "itis a pity that the image of the area along thestretch of such a fine piece of road networkshould be diminished by the graffiti" and hebelieved that the Council should now takeimmediate action in the matter.

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Commenting on newfigures published by theRoad Safety Authority, Finegael Councillor brianLawlor said, “Deaths onIrish roads have dropped50% since the introductionof the Road Safety Strategy2007 – 2012. However,even one death is toomany, and my thoughts arewith the 186 families andcommunities around thecountry who tragically losta loved one on our roads

this year.”“This government iscommitted to building onthe progress made to dateto ensure our road safetystandards continue toimprove. Since Fine gaelhave come into office wehave rolled out significantmeasures, such as the newdrink driving limits, whichbring Ireland in line withinternational bestpractice. MinisterVaradkar, has outlined

further measures toincrease road safety heintends to introduce overthe coming years.”“These measures includethe move to plastic drivinglicenses and the provisionof new penalty points fordangerous drivers,enhanced commercialvehicle roadworthinesstesting and the publicationof legislation to provide forroadside testing ofsuspected drug drivers.”

“I would also like torecognise the superb workdone by members of thegardaí and the emergencyServices both in working toprevent accidents on ourroads, and in responding toemergency situations. Theimpact of the swift andprofessional responses ofgardaí, Ambulance andFire Service Personnel toroad collisions cannot beunderstated,” concludedCouncillor Lawlor.

coNceRted effoRt Needed to coNtiNueRoad Safety iMPRoVeMeNtS

ISMe, the Irish Small & Mediumenterprises Association, hasdemanded that the governmentpublish an up to date list ofmonthly redundancy figures,which they have failed to dosince August 2011. TheAssociation is furious that it isover four months since theDepartment of Social Protectiontook responsibility forcompiling these importantfigures from the Department ofjobs, enterprise & Innovationand still none have beenpublished.

ISMe Chief executive MarkFielding outlined, “Thesemonthly figures are extremelyimportant as they indicate thenumber of redundanciesannounced, the trends, sectorsand areas most affected. It isabsolutely incredible that onedepartment cannot transfer aresponsibility to anotherwithout a major breakdown. Italso highlights the inefficienciesin our public service, especiallywhen we were informed thatthe figures would be availableby november 2011 at thelatest.”

“It is also ironic when

government are doing theirutmost to protect the CrokePark agreement, which wassupposed to increase efficiency,that we cannot even get a basiccount of redundancies, due tototal incompetence. Youcouldn’t make it up”, continuedFielding.“The sad irony is that thegovernment were very quick toimplement a reduction on theredundancy rebate toemployers, but are unable tooutline the actual number ofredundancies on which theserebates are based. It would bemore beneficial if there werefewer announcements aboutannouncements and more realwork done by theover-protected Public Service”.

In conclusion Fielding called onthe Minister for SocialProtection to undertake toimmediately publish an up todate list of redundancies, whichwill at the very least indicatewhat patterns have developedover the last number of months,which will assist with forwardplanning. “Should this bebeyond their competence theprivate sector would dulyoblige”.

iSMe deMaNdS goVeRNMeNtPuBliSh ReduNdaNcy figuReS

Camara education, a socialenterprise and charity,specialises in the re-use ofcomputers to educate childrenin disadvantaged schools insub-Saharan Africa, jamaicaand Ireland. Camara educationrefurbishes computers sourcedfrom Irish businesses,government departments andindividuals, loads them witheducational software anddistributes them todisadvantaged schools. Thisenables thousands ofmarginalised communities’ anopportunity to break the cycleof poverty they find themselvesin.

To date Camara has dispatchedover 27,000 computers in thisway, improving education forover half a milliondisadvantaged children andgiving them the opportunity toacquire the digital literacy skillsneeded for the 21st century.This year alone the charity hasprocessed and shipped over9,000 computers as the demandfor affordable technologyincreases year on year.Currently Camara’s partner Hubin Kenya has 200under-resourced schools on awaiting list to receive Camaracomputers and training. Asimilar situation is seen byCamara’s partner Hubs in

Zambia, ethiopia, Lesotho andjamaica.

Due to this ever growingdemand, Camara is offering afree computer reuse option forthe Irish public in january. Thecase for reuse before eventualrecycling is very compelling.With up to 200,000 computersthrown out each year inIreland, many of these could bereused by disadvantagedcommunities both at home inIreland and abroad.

With Camara, each reusedcomputer has a positiveeducational impact for at least10 disadvantaged children eachyear. each computer also defersthe release of 650kg of CO2emissions.

To reuse your old computer forthe purpose of education,Camara’s drop-off location is inChapelizod Industrial estate,Dublin 20 open Monday toFriday and late Thursdayevening from january 3rd.

Camara also has drop offcentres in Townsend enterprisePark, Townsend Street, belfastand on Distillery Road, as partof the national university ofIreland in galway. For furtherinformation, please call 01 6857121.

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Speaking following therelease of the CSOmonthly live registerfigures today Sinn FéinDublin Mid Westrepresentative eoin Óbroin has said that‘there has been no fallin unemployment inClondalkin and Lucanthis month despite amarginal decreasecountry wide.’ The

Dublin Mid West liveregister figure forDecember was 8925 upfrom 8917 in november.

Ó broin said ‘The newsfrom the CSO showsthat unemployment inClondalkin and Lucanhas risen for twomonths in a row. InDecember 8925 peoplewere on the live

No fall foR cloNdalkiN & lucaN uNeMPloyMeNtLive Register figures up for second month in a row

Sinn Fein protests at the Fine Gael office in Clondalkin highlighting thenegative consequences of the budget on jobs and families

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register. While thepicture for the countryoverall indicated amarginal drop inunemployment forDecember, Clondalkinand Lucan have seen anincrease.

‘After two months ofmarginal drops it isdeeply depressing tosee that unemploymentin Dublin Mid-West is onthe rise for the secondmonth in a row,particularly when otherparts of the countryhave experienced asmall drop injoblessness.

‘There are now 443,200people on the liveregister across thestate. 14.3% of thelabour force is out ofwork. Acording to thelatest CSO figures 1,500more are emigratingevery week.

‘In October thegovernment said thatthe economic futurewas looking brighterand that unemployment

was decreasing. Thefigures tell a verydifferent story.

‘The response by thegovernment has been toreduce investment incapital programmesthat will result in up to7,500 job losses; to cut6,000 jobs from thepublic service; and toreduce the spendingpower of low andmiddle income earnerswith stealth taxes, vatincreases and socialwelfare cuts all ofwhich will lead tothousands more joblosses.

‘The policies of thisgovernment will onlyfurther depress oureconomy, increaseunemployment andincrease emmigration.All of which will leavemore families fromLucan and Clondalkinwithout work anddependent on everdecreasing socialwelfare payments orprospect of life awayfrom family and friends

in Asustralia or the uS.

‘It is time that thegovernment listened tothe people andfundamentally changedtheir approach. It istime that governmentput job recreation andemployment at the

centre of its policies asproposed by Sinn Féinin our pre budgetsubmission.

‘Dublin Mid-West’s fourgovernment TDs arevoting for policies thatare forcing more andmore people from

Clondalkin and Lucaninto unemployment andemmigration. Theirsupport for theanti-jobs andanti-people budget inDecember. It is timethey were held toaccount for theiractions’

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Q. I have beenliving with my partnernow for 6 years. Wenever got around togetting married. Iwas previouslymarried but gotdivorced over 6 yearsago. My partner wasalso previouslymarried We are bothnow in our fifties andI worry at times about

what might happen tome if my partner diedfirst. The house waspreviously owned byhim and is in his solename. We havediscussed makingWills but my partnerhas been reluctant toactually do so. Hedoes have children byhis marriage, all ofwhom are adults now.

If my partner was todie without making aWill or any provisionfor me, what could Ido?

A. Firstly, wehave to decidewhether or not youqualify as a “Cohabitant” under theprovisions of the CivilPartnership andCertain Rights AndObligations OfCohabitants Act 2010.under Section 172 (1)of this Act, aCohabitant is definedas “one of two adults(whether of the sameor of opposite sex) wholive together as acouple in an intimateand committedrelationship and arenot related to eachother within theprohibited degrees ofrelationship or marriedto each other or civilpartners of eachother”. Mostimportantly Section194 of this Act dealswith the rights ofcohabitants. Insummary, the positionis as follows:

A qualified cohabitantmay, after the death ofhis or her cohabitant,but not more than 6months afterrepresentation is firstgranted under theSuccession Act 1965 in

respect of thecohabitant’s estate,apply for an Orderunder this Section forprovision out of the netestate. A qualified cohabitantmeans an adult whoWAS IN ARELATIONSHIP OFCOHABITATION WITHANOTHER ADULT andwho immediatelybefore the time thatrelationship ended,whether by death orotherwise, was livingwith the other adult asa couple for a period(subsection A) of twoyears or more in thecase where they arethe parents of one ormore dependantchildren and(subsection b) of fiveyears or more in anyother case.

An adult is not deemedto be a cohabitant ifeither party wasmarried and had notlived apart from his orher spouse for at least4 of the 5 years prior tothe date of death.

In the event of thedeath of your partner,proceedings under thisAct must be broughtwithin 6 months of thedate of issue of thegrant. For example, ifyour spouse hadpreviously made a Willappointing his former

spouse his executorand she applies for agrant of Probate then,you must make yourapplication within 6months of the date ofthe issue of the grantotherwise your casewill be statute barredand you would have nocause of action underthe estate of yourpartner.

In the event that theCourt hears the caseand it is not settled,then the Court maymake an Order for thequalifying cohabitanti.e. “the Court may byOrder make theprovision for theapplicant that theCourt considersappropriate havingregard to the rights ofany other personhaving an interest inthe matter.” If theCourt is satisfied thatproper provision in thecircumstances was notmade for the applicantduring the lifetime ofthe deceased for anreason other thanconduct by theapplicant that, in theopinion of the Court itwould, in all thecircumstances beunjust to disregard.

The rights of the otherperson might include aformer spouse or civilpartner. As this Act is

The Legal Column

Romaine Scally is the principal in the firm of ROMAINE SCALLY AND COMPANY SOLICITORSMain Street Tallaght, Dublin 24 TEL 4599506 FAX 4599510 email: [email protected]

by Romaine Scallystill relatively new,there is no case law todetermine how theCourts are dealing withthese issues.

Section 194 (7)provides that theOrder made by theCourt “shall notexceed any share ofthe applicant in theestate of the deceasedqualified cohabitant towhich the applicantwould have beenentitled if thequalified cohabitantshad been spouses orcivil partners of eachother. Thus, in thecase of your partnerhaving made a Willexcluding you and youwere to successfullybring a case to Courtlooking for “properprovision” then, yourshare cannot exceed (a) one half ofthe estate where theTestator (deceasedcohabitant) left nochildren surviving

(b) one thirdshare of the estatewhere the deceasedleft children surviving

and in the case ofintestate succession(no will) the Ordermade by the Courtmay not exceed (a) two thirds ofthe estate where thedeceased cohabitantleft issues surviving (b) the entireestate where thecohabitant leaves noissue.

both of you are, byvirtue of thecircumstances youdescribe, qualifyingCohabitants and assuch should be mindfulof your mutual rightsand obligations on thedeath of either of you.Wills should beprepared takingcareful note of theserights and obligations.We hope this has beenhelpful.

In THIS MOnTH’S eDITIOn, ROMAIne SCALLY OFROMAIne SCALLY & CO. SOLICITORS, MAInSTReeT, TALLAgHT, DubLIn 24 (01 4599 506)DeALS WITH THe QueSTIOn OF SuCCeSSIOnRIgHTS OF unMARRIeD COuPLeS LIVIngTOgeTHeR.ROMAINE SCALLY & CO. SOLICITORS,MAIN STREET, TALLAGHT, DUBLIN 24 TEL: 01 45 99 506 FAx: 01 45 99 510 EMAIL: [email protected] WEB: www.romainescally.ie

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free legal advice clinicon the second Wednesday of every monthfrom 2.00pm until 6.00pm at their offices atMain Street, Tallaght, Dublin 24.next clinic:

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The Sinn FéinSpokesperson oneducation Seán Crowehas said that thegovernment mustreverse the cuts in DeISband One and Twoschools that will arisefrom increases to thepupil-teacher ratio inDecember’s budget. Deputy Crowe wasspeaking as heannounced the text of aSinn Féin Motion callingon the government topull back fromtargeting schools thatservice children fromdisadvantaged areas. He said: “The cuts toessential educationservices announced inlast month’s budget are

indefensible and wrong. “It is clear that thegovernment iscontinuing toimplement theregressive polices of itspredecessors bytargeting the mostvulnerable within oureducation system. “We have submittedthis motion which willbe debated in the Dáilnext Wednesday andThursday. The motioncalls on the governmentto reverse theirdecision to increase thepupil-teacher ratios inDeIS band One and bandTwo schools. These cutswill result in the loss ofhundreds of teacherswho play a key role in

ensuring some of ourmost vulnerable youngpeople receive a decenteducation. “If this governmentpress ahead with thesecuts then theincremental progressthat has been made inimproving oureducation system overmany years will be lost.It will also impact onschools from across thecountry and willalienate a generation ofchildren who will becast aside. It will causeirreparable damage tomany young peoples’lives and will haveserious implications forwider Irish society andthe economy.”

dáil to deBate SiNN féiN MotioNoN deiS SchoolS cut

Ruairi Quinn, T.D.,Minister for educationand Skills todaythanked the IrishSecond Level Student’sunion for their reportentitled “naming theReformed juniorCycle”.Commenting on thereport, the Ministersaid “I warmlywelcome the effortthat has beencommitted to thisproject by the ISSu.Their use of textmessaging, socialmedia, email andconsultation sessions

to engage students onthe topic has set anexcellent example forcreating dialogue withthe studentsthemselves.”

The report is beingpublished on theDepartment’s websitewww.education.ie, andis being forwarded toeducation stakeholdersfor further discussion.

The report includes anumber of potentialnames for thereformed junior cycle,including STARS

(School-based,Teacher-ledAssessment andReporting System) andICA (IrishComprehensiveAssessment).

The report shows thatstudents stronglywelcome the proposedreforms andparticularly theemphasis on activelearning and thechanged approach toassessment. Oneparticipant in theconsultation stated “Ithink it will prepare

students for life afterthe exams, instead ofjust for the exams”

In welcoming thereport, Minister Quinnsaid “Young people areuniquely placed to takethe lead in redesigningtheir learning. It isprecisely thisengagement andenthusiasm for selfdirected learningwhich we are trying topromote in thereforms, developingimportant skills whichwill serve throughoutlife”.

MiNiSteR QuiNN WelcoMeS SecoNd leVelStudeNtS’ uNioN PRoPoSalS oN NaMiNg

the RefoRMed JuNioR cycle aWaRdS


Carton House, one ofIreland’s most luxuriousdestination hotels will behosting a Wedding Showcaseon Sunday, january 22ndfrom 2pm to 5pm. TheWedding Showcase atCarton House, Maynooth,Co.Kildare will offer couplesthe opportunity to enjoyone of the most beautifulvenues in the country, whilemeeting with a range ofunique and inspirationalwedding experts to discussall the various aspects oftheir big day.

Celebrity make–up artistjune Kelly from Makeupjunkies will be running aseries of beauty workshopson the day encapsulatingmake up trends for 2012.jillian bolger, editor of Irishbrides will be on hand todivulge the best honeymoontips along with a host ofinspiring and uniquewedding experts including

The Flower Factory, WhiteTea Photography, The SweetTreat Company and enjoywedding pictures with ahilarious twist fromCaricature Artist, niallO’Loughlin. guests will also enjoy a chicand inspirational bridalfashion show to includeleading trends from a rangeof Ireland’s top fashionemporiums such as House ofFraser while sampling therenowned food at CartonHouse with a canapés andchampagne reception.

As one of Ireland’s mostbeautiful hotels with acresof rolling scenery, a royalhistory, exquisite décor,unrivalled food and shortlisted for 2012 ‘WeddingVenue of the Year -Leinster’, Carton House isthe ideal venue for theperfect wedding. With ateam of leading weddingcoordinators drawing on

many years of experienceguests are sure to walkaway from The WeddingShowcase at Carton Housewith plenty of ideas andthoughts on how theirperfect day should be fromthe venue, to the décor, tothe perfect menu for theirguests, to simple touches toenhance the day for boththe couple and their guests.

Admission is free withchampagne and canapés onarrival and Carton Housewill be offering WeddingShowcase guests acomplimentary roomupgrade for those staying atCarton House on the nightof Sunday 22nd january2012.For further details on theCarton House WeddingShowcase visitwww.cartonhouse.com orfind us on facebook atwww.facebook.com/CartonHouseIreland

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The Pension Ombudsman,Paul Kenny, met with theRevenue Commissioners on,Tuesday 10th january, atthe request of the Revenueto review the events of thepast few days.

Paul Kenny, PensionsOmbudsman, said that hehad a very productive andpositive meeting with theRevenue Commissioners.He is happy that things arebeing brought under controland that Revenue will makethe necessary steps tocorrect the situation asquickly as possible. Thatsmall group of people whomay have had tax deducted,for which they are not

liable, will receive refundsquite quickly, as work onthe exemption certificateshas already started.

Revenue assured us thatarrangements are underwayfor them to get regularfeeds of information fromthe Department of SocialProtection so that changesto people’s benefits will bebrought to Revenue’sattention immediately andtax credits adjustedaccordingly, without theneed for the taxpayer tonotify Revenue individually.

The Pensions Ombudsmannoted the very positivefeedback on telephone calls

that managed to getthrough to Revenue. Thevolume of calls is still veryhigh and it may take sometime to get through.However, it is veryimportant, if you have aworry that you do talk toRevenue about it.

The Pensions Ombudsmanemphasised that the vastmajority of people are taxcompliant and expressed hissympathy andunderstanding for the worrythat this updating exercisehas caused, but is assuredthat, once this initialexercise is completed,there will be certainty andclarity into the future.

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Dublin Mid West Sinn Féinrepresentative eoin Ó broinhas branded new SouthDublin County Council binfines ‘a disgrace’ followinga recent increase in finesbeing issued for over filledbins. Sinn Féin is advisingpeople who receive thesefines not to pay them andfor the Council to withdrawthe fines pending theoutcome of a review.Ó broin said ‘I have beencontacted by a largenumber of people frombawnogue who havereceived litter fines fromSouth Dublin CountyCouncil. The basis of thefines is that their bins wereoverfilled.‘The fines wereaccompanied byphotographs which clearly

show that either the binswere not overfilled or thatthe amount of overfill wasvery small. The photos alsocontained no evidence oflittering.‘The decision by SouthDublin County Council toissue these fines is adisgrace. There is nooffence being committed.These fines are punitive andcompletely unjust.‘I understand that this issuehas caused considerablecontroversy within theCouncil, as staff initiallyrefused to issue the fines. Ialso understand that aworking group has beenestablished to examine thematter.‘I have written to theCouncil calling on them towithdraw the fines and not

to issue any others until theoutcome of this review hasbeen brought before theelected members. Sinn Féinwill also be tabling a motionat the next availableCouncil meeting calling forthe fines to be withdrawn.‘I have also advised peoplewho receive these fines notto pay them pending theoutcome of Sinn Féin’srepresentations on thismatter.‘Families across DublinMid-West are reeling fromthe impact of the budget,with increased charges, theVAT hike and reduced socialwelfare payments. The lastthing they need is theCouncil hitting them with€75 fines on the basis of apunitive reading of thelitter laws.’

South duBliN couNty couNcilBiN fiNeS – a diSgRace

Making a resolution toreassess your drinking habitsin january can seem like aneasy decision after a hecticparty season. However,making this resolution lastpast those january blues isthe tough part.

Fionnuala Sheehandrinkaware.ie Chiefexecutive commented‘knowing the reason whyyou want to drink moreresponsibly will really helpyou to stay focused. Maybeyou want to get fitter, savemoney or you may beworried about how alcoholis affecting yourrelationships. Committingyour resolution and reasonsto paper will help keep youon track.’

Ms. Sheehan added ‘theonline Drinks Diary andCalculator on thedrinkaware.ie website is auseful tool for anyonelooking to reassess theirdrinking habits. The Diaryallows registered users totrack how many standarddrinks they’re consuming,as well as calculate the costand calories of drinks. The

diary also provides feedbackand recommendationsbased on the number ofdrinks inputted.’

drinkaware.ie Top Tips formore sensible drinkinghabits

Know the reasons behindthe resolution – there aremany incentives for drinkingresponsibly. You may beconcerned about healthproblems, perhaps you wantto lose weight or improvefamily relationships. Keepthese reasons in mind tomaintain your motivation.

get real - while it’s great tomake a resolution, it’s evenbetter to keep it realistic.The Department of Healthand Children advises thatlow risk weekly limits are upto 14 standard drinks forwomen and up to 21standard drinks for men.One standard drink isroughly equal to a glass ofbeer or a small glass of wineor a pub measure of spirits.

get the know-how - set upyour own personal onlinedrinks diary on

drinkaware.ie. The diaryadds up the drinks you haveconsumed in any given weekso you can easily compareyour drinking with therecommended weekly lowrisk limits. As an addedfeature, you can also keepan account of your spendingby calculating how mucheach drink costs.

Take a break - daily low riskdrinking limits are 2-3standard drinks for womenand 3-4 standard drinks formen. However, it isimportant to include somealcohol free days over thecourse of the week. Pick aday or two each week whenyou will not drink alcohol atall. Why not use this extrafree time to take up a newhobby, start a course orrejoin a team?

Pace Yourself- It can be easyto slip back into old habitswhen out with friends.Simple tips like alternatingalcoholic drinks with wateror soft drinks, avoidingrounds and taking a limitedamount of money on a nightout will help keep you ontrack.

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Minister Hogan needs toreject the proposed changesto increase the size of largestores.Research shows that 1.4 jobsare lost in town centres forevery new job created inout-of-town ‘megastores’.because of their failure toengage with local suppliersand re-circulate money backinto local economies, eachnew out-of-town‘megastore’ results in a netjobs loss of 270 full-timepositions, according toresearch undertaken in theuS (see submission fordetails).We have no reason tobelieve the situation is anydifferent in Ireland. Indeed,Forfas, in its report to theMinister on the RetailPlanning guidelines, couldonly make guestimatesbecause of what it called “alack of timely and detaileddata”.If Minister Hogan has anyreal interest in buying local,reviving town centres, andsustaining neighbourhoodbusinesses, it makesabsolutely no sense toincrease the floorspace ofhypermarkets - which resultin higher amounts of money

leaving the country, as theresearch shows. In fact locally based shopsreturn twice as much moneyto the local economy asout-of-town retailers. Datafrom the uS shows thatlocally-based shops return32 cents of every euro spentto the local economy, butlarge out-of-town retailersonly return 16 cents of everyeuro in revenue back intothe local economy(according to the research;see detailed paper).The reality is thatmega-retailing in Dundrumhas destroyed shopping inDun Loaghaire, whileedge-of-town shopping hasalso put Waterford andLimerick city centres injeopardy. Minister Hoganmust not let himself becomethe person that opens up acoffin for town and citycentres. Minister Hogandoes not need to be theMinister remembered forcausing further derelictionalong main streets. MinisterHogan needs to push backagainst the policy of somecouncils to poach businessout of towns and cities - notpromote it. Further, locally owned

businesses employ morestaff and pay better.employees in ‘megastores’earn 20% less according toresearch on whathyper-retailer Wal-Mart paystaff. The undermining oftraditional town centres bymassive out-of-town storesneeds to stop – not beexacerbated.There's a simple twoprong-strategy to stem theerosion of town centres,according to An Taisce.A hypermarket levy:An Taisce supports thehyper-market tax beingbrought in northern Irelandand calls for its introductionhere.It will apply to 76hyper-retailers in northernIreland, and should beapplied to the 300 largeststores in the Republic.As proposed in northernIreland, there should be a 15per cent surcharge on therates bill of the largestretail complexes, with theproceeds used to financerates-relief for smallbusiness, the use of emptyshops for non-commercialpurposes, and for publictransport.Second, an out-of-town

“PRoPoSed chaNgeS to Retail guideliNeS Will coSt JoBS, coMPRoMiSeMaiN StReetS aNd cauSe MoRe deRelictioN” - aN taiSce

retail parking levy isneeded:An Taisce, Ireland’s nationalTrust, is also recommendingan out-of-town retailparking tax where 20 to 25cents is collected for every2 or 3 hours of parking atmajor retail outlets whichcurrently have free parking.The charge is not prohibitive– and it does providemuch-needed revenue forpublic transport alternativesso that we can weanourselves off ourover-reliance on importedoil in the medium to longterm.

Some revenue would needto go to back the retailerinitially to pay for installingthe car park chargingsystem, but over time themoney would be sent tolocal government to providesustainable transport,including bike-sharingschemes, proper busshelters and more frequentbus services. Finally the environmentalCharity noted: “We do notlive only as consumers; weare part of communities too.There is a balance to bestruck here, and the currentguidelines strike that

balance reasonably well.Rigorous competitionalready exists, not only onprice grounds, but also onthe ethical choice there isbetween shopping inlocally-owned stores andleaving more money in thecommunity – or, going toout-of-town mega-retailersand sending more moneyabroad. Weakening thecurrent guidelines wouldresult in mega-retailersgaining more monopolypower, the erosion ofcommunity and increasedsums of money leaving thecountry.”

The Pensions Ombudsman, Paul Kenny,acknowledges that 2011 has been anothertough year for pensions and investmentsand highlights the work done by his Officein assisting individuals in the resolution oftheir pension-related complaints.The Pensions Ombudsman encourages theuse of early intervention and mediation asa means of resolving disputes that aresubmitted to him. not every complaint hasto go to Determination, and earlyintervention can sometimes help to preventthe escalation of a difficulty.The Pensions Ombudsman emphasises therole that good clear communication canplay, particularly in helping members tounderstand the nature of their benefits and

in encouraging them to actively engage inits management. Those managing pensionarrangements should ensure that theinformation they provide to members isclear, correct and can be relied on.In addition, it is most important thatpension scheme members take the time toexamine the scheme information they areprovided with and understand the natureand value of their pension entitlement.

The cases, summarised on the Office of thePensions Ombudsman website(www.pensionsombudsman.ie) give aflavour of the variety and types of disputesthat come before the Pensions Ombudsmanand the means employed to resolve them.

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Asking prices forresidential propertyaround the country fellby an average of 7.7%between Septemberand December,according to the 2011 InReview reportpublished by propertywebsite Daft.ie. This isthe sharpestthree-month fall inprices to date andmeans that thepercentage fall inprices over the courseof 2011 was 18%, aslarge as the fall seen in2009. The averageasking price is now justover €175,000, 52%below the 2007 peak of€366,000.

between Septemberand December, Dublinsaw an average fall inasking prices of 8.9%,while the fall in Corkcity was 5.4%. Theaverage fall in Limerickwas just 3%, while thefall in Waterford citywas 7.7%. Of all thecities, though, thelargest fall occurred ingalway city, whereasking prices werediscounted by over 14%in just three months. Inthe previous quarter,asking prices hadactually risen slightly inthe city. Outside the

main cities, askingprices fell by between7% and 8% in most partsof the country, exceptfor Munster, where theaverage fall was 5.5%,which still marks thelargest fall seen yet inthe province.

new figures publishedin the report outlinethe speed at whichproperties are sellingaround the country. InDublin, about one halfof properties sell withinsix months, while inConnacht and ulster, ittakes a full year for thesame proportion to sell.Across the country as awhole, properties thatdon't sell within thefirst few monthstypically find it difficultto find a buyer insubsequent months:most will still be on themarket after a year.

DublinAcross Dublin, askingprices fell by anaverage of 7.7% in thefinal three months of2011, compared to afall of 4.5% betweenjune and September.The average askingprice in Dublin is now€217,000, down from apeak of €483,000 inearly 2007.

Commenting on thereport, Ronan Lyons,economist with Daft.iesaid: "It is tempting tosee larger house pricefalls as a bad thing andno doubt many,particularly those innegative equity, willsee this dramatic fall inthose terms. However,if the size of thecorrection in houseprices is determined byfundamental factors,then it is better for theprices to race to thefinishing line than crawlthere. Looking ahead to2012, confidence andfinance are central. It isvital to remember thatrecovery in theproperty market doesnot mean an increase inprices, it means anincrease intransactions. This isultimately down to thebanks, who will notresume lending untilthe government's stresstests stop punishingthem for doing so."

The full report isavailable fromhttp://www.daft.ie/report and includes acommentary by RonanLyons, economist atOxford university andauthor of the Daft.ieReport.

daft houSe PRiceRePoRt

Asking prices fall sharply in final three months of 2011


CASA recentlycelebrated it’s 30thanniversary and as anorganisation is hopefulthat they can continueto provide muchneeded services formany years to come.CASA however does notwant to rest on its

laurels and is hopefulthat they can extendservices in 2012. but tohelp achieve this weneed help!!CASA (Caring & SharingAssociation) is avoluntary organisationwhose goal is todevelop friendships and

social outlets for peoplewith disabilities througha variety of socialactivities. CASA is a local basedcharity that worksclosely with those whoneed its services most.Activities include localsocial events, respite

breaks and Lourdespilgrimages. CASA isunique in that itprovides services forpeople with alldisabilities - physical,sensory and intellectual– of all ages andbackgrounds and it goeswithout saying that the

demand for servicesgreatly exceedsvolunteer capacity. There are now 21 localCASA groups nationwideincluding our Youthgroup in Swords. Localgroups provide regularsocial events for peoplewith disabilities where

SuPPoRtiNg PeoPle With diSaBilitieScaSa 30 years and Still going Strong!

they enjoy activities (asimple meal, liveentertainment, asing-song) withone-to-one care in asafe and relaxingenvironment. Forpeople who aredependent on familysupport or carers, CASAoffers a muchappreciated sense offreedom andindependence. In addition we have 2respite care houses inMalahide and Swordsthat provide mid-weekor weekend breaks forour members in a safeand family-likeenvironment.

CASA is a voluntarygroup that reliesheavily on thegenerosity of the publicand once off donations.For our anniversary wewould like to raiseawareness andgenerate support forthe work that we do. Ways to help:

• Make a donation• Volunteer with a localgroup• Donate to one of ourcharity shops• Visit Restaurant TenFourteen in Clontarf(all profits go to CASA)• Take out a DirectDebit• Organise a fundraisingevent in aid of CASA

We would also like toprovide a much neededgood news story to thepublic. Through thededicated work of manyvolunteers CASA hascontinued to providevaluable services forhundreds of peoplewith disabilities. “never doubt that asmall group ofthoughtful committedcitizens can change theworld. Indeed, it is theonly thing that everhas.”

For further informationlog on to www.casa.ieor contact 01 8725300

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The producers of DirtyDancing – The Classic StoryOn Stage, one of the mostsuccessful hit musicals inWest end history, aredelighted to announce thelaunch of the first ever uK& Irish tour, which is comingto the grand Canal Theatreon 17th january 2012 for 6weeks only.

now in its triumphant fifthyear at the Aldwych Theatrein London, Dirty Dancing,opened in the West end in2006, breaking all box officerecords with advancedticket sales of over £15million, which made it thefastest selling show in Westend history. It has sinceplayed to over 1 millionpeople, receiving nightly

standing ovations andcontinuing to enthrall anddelight, and as a result,over 250,000 tickets havejust been put on sale,extending the London run to29th October 2011.The success of the Londonshow, which will continue toplay at the AldwychTheatre, has led tooverwhelming demand fromfans to experience theiconic love story that isDirty Dancing in their homecities, and the producersare therefore delighted toannounce this major newventure for the production.eleanor bergstein,scriptwriter and creator ofDirty Dancing, said:“I am happy to announcethe opening of the uK tour

of Dirty Dancing. In ourfifth year in London, it isstill astounding for me to sitamid our audiences, manyof whom I discover haveplanned long in advance andtravelled far to see us.each performance, theyhonour us with a personaland loving response whichdelights us and makes usgrateful It is a specialpleasure then for us to plana production that will havethe chance both to visit andthank those who havetravelled so far to see us,and to take our show tothose who could not makethe journey”.

Tickets for Dirty Dancinglive at the grand CanalTheatre are on sale now!

diRty daNciNg, the RecoRd BReakiNg SMaSh hit MuSical, SetS PulSeSRaciNg With the aNNouNceMeNt of the fiRSt eVeR iRiSh touR

Dirty Dancing – The Classic Story On Stage is coming to the Grand Canal Theatre on 17thJanuary

Kinesense, an Irish ownedsoftware company hascollaborated withgovernment bodiesenterprise Ireland and theIrish security sector tocreate innovative and timesaving video analysistechnology which helpsreduce public sector costs inthis area by up to 95%.Latest figures from theCentral Statistics Officeindicate that since thedemise of the Celtic tiger in2007, crime rates are on theincrease. With a rise inincidence of burglary of7.69% and aggravatedburglary up by a staggering42%, the Irish government islooking to technology forhelp.Recently awarded ‘MostInspiring Winner,’ by the

Irish executive network intheir Inspire Irelandcompetition, Dr. MarkSugrue of Kinesense said:“With recent austeritymeasures implemented inthe public sector which willsee the retirement of over1200 garda officers, themantra of 2012 is to savetime and cut costs. Thesoftware that we havedeveloped works like avideo search engineallowing the user to quicklyfind the key events using‘search filters’. To beawarded such a prestigiousaward a head of hugeinternational competitionreally shows just how farKinesense has come in ashort space of time.”barry Walsh, Inspire Irelandjudge said on the day:

“What made Mark andKinesense stand out fromthe crowd was the sheerscale of their technologicalingenuity. That said,innovation alone is notenough unless it’s backed upwith a system people caneasily engage with andunderstand.”established in 2009Kinesense are at theforefront of forensic videoanalysis, specialising intechnology for the publicsector. This state of the arttechnology means hours ofsurveillance footage canbe filtered to pin point anyactivity. Dr Mark Sugrue isresponsible for productengineering, and researchand development initiativesfor Kinesense’s productrange.

Dr. Mark Sugrue and Barry Walsh pictured at an awards presentation in Kinesense’s MerrionSquare offices

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