12th July, 2001
Notice Board


Deirdre Clune TD has called on the Minister for the Environment to take action on the illegal, unauthorised, hazardous waste dump in existence at the ISPAT site on Haulbowline in Cork Harbour……Deputy Clune also stated that Minister Dempsey's waste Bill is a narrow blinkered approach to waste management…. She further criticised the proposal to increase charges at Cork Airport…."Play the Piano Drunk" a hilarious and touching play continues at the Granary Theatre until tomorrow Fri 13th July…. Cork (Indoor) Busking Festival in aid of the Cork Cancer Research Centre continues around the city for information contact Key Entertainment's at 021 4254978…. Last Serenade Theatre presents CC Kiely's "Wedding Present" at the Granary from 17th - 21st July


Delayed flights are already a feature of this years holiday season, and , says Ed Mcgrath, of the Citizens Information Call Centre , they are top of the list of holiday complaints.
Unfortunately there is very little that we can do to help anyone who has experienced the agonies of being stranded in this way.
At the moment an airline company is not legally obliged to offer you even so much as a glass of water if your flight fails to leave on time. We do advise people to check their travel insurance as most will offer compensation, but often only after 12 hours delay. Other than that, all we can say is to make sure you leave some money over at the end of the holiday in case you are delayed on the return flight, there can surely be nothing worse than to be stranded in a foreign airport with no money!

But it is not all bad news.
If you are delayed due to overbooking of a flight then you do have a legal right to compensation. Under EU regulations, all scheduled flights departing or arriving from the EU must pay what is called Denied Boarding Compensation. This can amount to up to 150 Euros for short haul flights and up to 300 Euros for longer flights.
Other common holiday complaints which we receive fall largely into two categories, either relating to inaccurate or misleading brochures or to do with problems with the actual services provided on the holiday. The Package Holidays and Travel Trade Act, 1995 has provided the consumer with the right of redress in both these situations.
It is only the unfortunate few who will have any difficulty but if you are one of those who experience “a holiday from hell” the golden rule is always to complain straight away and get your complaint put on record, don't leave it until you return home. Get as much evidence as you can, take photos, use a video, get the names and addresses of other holiday makers who will support your claim.
When you do return home put your complaint in writing to the tour operator and travel agent and tell them what compensation you are looking for. If you still do not get satisfaction, most travel companies are members of an independent arbitration scheme, which may have the advantage to you of providing a less expensive and speedier resolution than taking court proceedings. If you are looking for compensation of less than £1000 you may also consider taking your case to the Small Claims Court.
If you would like more information on how to complain, or about any of your rights and entitlements you can contact the Citizens Information Call Centre for free, confidential information on lo-call 1890777121 ( at local rates) from 9.30am to 6.30pm Monday to Friday.

The History of Douglas

by Con Foley

Part 48

In Douglas Hall near the junction of Well Road and Douglas Road lived Dr. Moylan, Bishop of Cork, at the end of the eighteenth century. He had as guest there, Abbe Edgworth who was personal chaplain to Louis XVI during the French Revolution and, who rode in the tumbrel with the hapless monarch to the guillotine. Abbe Edgworth and Bishop Moylan had been close friends during their student days in Toulouse and their correspondence continued through the upheaval in France. This correspondence bred in Dr. Moylan a great hatred of the French revolutionaries, and of Wolfe Tone's efforts in Paris seeking French aid for the liberation of Ireland. When the French fleet landed at Bantry Bay, Co. Cork, Bishop Moylan was not slow to act. On Christmas Day 1796 he issued a letter to his flock urging them to be loyal and obedient to the English Crown and strongly denounced the French invaders as robbers, plunderers and destroyers.
"At a moment of such general alarm and consternation, it is a duty I owe to you, my beloved flock, to recall to your minds the sacred principles of loyalty, allegiance and good order, that must direct your conduct on such an awful occasion -. Be not, then, imposed on by their professions - they come only to rob, plunder and destroy. Listen not to their agitating abettors in this country, who endeavour by every means to corrupt your principles, but join heart and hand with all the virtuous and honest members of the community -."
F. Moylan, R.C.B.C.

For this it was proposed at the Cork Corporation on 30th December 1796 that "the Rev. Dr. Francis Moylan be presented with his freedom in a Silver Box to perpetuate our grateful approbation of his pious exertions in promoting the peace and good order of his country at the moment of menaced invasion."
Next Week - Maryborough House.


Otherwise known as fact finding in the insurance industry.
I was first introduced to the fact finding process in 1986 while on a training course with New Ireland Assurance Co. It certainly was an eye opener at the time.
Up to then we had been taught to sell Life policies or savings plans. This approach was very different. Instead of selling the product we would sell the process of Financial Needs Analysis. It made a lot of sense based on the principle that you "diagnose before you prescribe".
It was explained to me that if you went to your Doctor with stomach pain and he prescribed medicine without an examination then you would be a bit wary about the prescription.
So fact finding is like a financial health check up. It examines your financial commitments and analyses your requirements in relation to income protection under various headings like; Life - Health - retirement - Dependents - mortgage loans.
It takes and overall view of you current situation - both assests and liabilities. It also looks ahead to your goals and ambitions 10 or 20 years down the line. It then helps you to proritize your needs in order of importance to you and your family depending on your situation.
Finally it helps you to come up with a budget plan to make sure that any recommendations are affordable to you.
Over the years 99% of the people have gone through the Fact finding process with me have been very surprised at the gaps in their cover. More importantly they say it gave them a more focused awareness of their needs and a desire to take action.
The tendency to put things off until tomorrow (whenever that comes) is very tempting. There are so many other things happening that your income protection needs can get put on the long finger. This is a mistake.
As far as I'm aware all companies now insist on a Financial Needs Analysis being carried out before any of their products are recommended.
Obviously the ability - experience - training and qualifications of the person carrying out the review will be vital so don't be afraid to ask question like "What experience do you have?" or "What qualification do you hold?”
So wherever you get your financial advise remember "prescription without diagnosis is malpractice".
Joe Harris is a member of the Insurance Institute of Ireland.

Cork Chamber of Commerce News

Cork Chamber of Commerce is now offering a new and exciting Affinity Deal in the form of a commercial partnership to provide real and affordable IT and e-business solutions for its members. Hewlett Packard are the preferred hardware and software solution supplier of the Chambers of Commerce of Ireland and with their help the Chamber hopes to be able to offer:
Relevant IT advice for your business
Strong local support through a quality HP reseller
Simple and affordable IT solutions that are tailored for your business needs
Training on all aspects of new packages

Hewlett Packard will deliver these services through their network nationwide. PFH Computers in Cork and Compuland in the greater Cork area have been selected to deal with businesses specific queries. As HP representatives they sell and install all HP products as well as offering service and support at a local level.

Chamber members will be helped identify their IT requirements by talking to Yvonne at PFH or Mike at Compuland. A list of products available is updated on a monthly basis on the Chamber website at www.corkchamber.ie

The Chamber has been making ongoing progress on the campaign on broadband telecom services for Cork. We now have a consortium of a cable installation company, a tier 1 Telco and a Co-location/Internet Data Centre company, interested in developing a comprehensive project involving regional and international connectivity centred in Cork. In the past few weeks meetings were held by Chamber members with the Dept. of Public Service and the Minister with the outcome due shortly.


Summer Activities

The following activities will take place in Carrigaline Library during the summer:
On Thursday July 19 at 2.30 p.m.- 4.00 p.m. "Summer Crafts" will be presented by Monica McCarthy and will be suitable for children aged 7- 10 years. All materials will be provided and there is no charge. Please book early, as places are limited.
Dominick Moore will conduct a seven-week course in Puppet Making, with the idea of putting on a show at the end. It commences Saturday July 14th at 2.30 p.m. and continues until school opens. Places are limited; those interested should contact the Library immediately.
On Tuesday August 7th at 11.00 a.m. Reimer Faust will present a Puppet Show for the younger children, he has been a frequent visitor to the Library and he always puts on a good show. Admission is free.
Carolyn Friend will give two Pottery classes for different age groups on the morning of Friday August 10th materials are supplied but early booking is advised.
The contact number for the Library is. 4371888.


The question of maternity leave is constantly being mentioned by some of our readers, so we thought that over the next few weeks it might be worth while to look at other European countries and see how they compare with our own benefits. We would appreciate you comments.
In Portugal the law regarding “Protection of Maternity and Paternity” is the "Decreto-Lei nº 70/2000, of 4 Maio" (Diário da República, I série A, nº 103, de 4 de Maio de 2000).

It states that:
1. Working women have a license of 120 consecutive days, 90 days necessarily after the birth. The remaining days (30 days) can be enjoyed totally or partially after or before the birth.
2. In the case of multiple birth (2 or more children) the licence period is increased in 30 days for each child.
3. Before the childbirth and in clinical risk situations, either for the mother or the baby, and with a medical prescription, the working women have the right of a licence without loosing the leave period stated in number 1.
4. If after the birth the mother or the child have to be hospitalized the licence of leave will be interrupted, if asked by the mother, during that period of time.
5. In case of abortion, the woman has a licence with the minimum duration of 14 days and maximum of 30 days.
6. It’s obligatory for a maternity leave of at least six weeks after the birth.
7. The father has a licence of 5 working days, unbroken or not, at the first month after the birth of his child.
8. The father has also the right of leave, with a duration equal to that of the mother described in 1., in the following cases:
physical or psychical incapacity of the mother
death of the mother (the minimum period of leave for the father is of 14 days)
by mutual decision of the parents (both parents can ask for the maternity/paternity leave but not at the same time)
9. In case of the death or the physical or psychical incapacity of the non-working mother, occurring during the 98 days immediately after the birth, the father has the rights stated in number 8.
10. If the newborn has a deficiency the working mother or the working father have the right to a reduction of the working hours of 5 hours/week until the child is one year old.
11. In case of adoption of a child younger than 15 years old the adopting parents have a right of a 100 days leave starting with the date of the legal trust. Both parents can have this leave, but not simultaneously.
12. The mother who justifies (generally by a medical letter) that she’s breast-feeding has a right to be dispensed from working, in each working day for two distinct periods of one hour (maximum). In case there is no breast-feeding the parents decide which one will have the licence previously referred until the child is one year old.
13. The workers have the right of being absent from work up to 15 days/year for assistance in case of illness or accident of the child with less than 10 years old.
14. Workers having grand-children of parents with less than 16 years old (teenagers living with them and economically dependent) can have a licence of 30 days. In case of both grand-parents being workers one of them can have this licence.

The above mentioned licences are integrally paid.
Besides the leaves refereed above, the mother or the father has a right to a special leave for the baby assistance, consecutive or interpolated, until the limit of 2 years. In case of a third child or more, the licence can be prolonged until a limit of 3 years.

Those are non-paid licences, but the link to the patronal entity remains. After that period the enterprise/organisation has to re-integrate the person
NOTE: This is a personal abbreviation of the Portuguese law as we do not have an English text available. The italic words are only intended for clarification.


Are Patients being protected?

By Josephine O'Herlihy, Solicitor.

Medical research and clinical trials have been in the news several times recently. If anything goes wrong, is there protection under the law? The primary objective of all national, European and international legislation regarding clinical trials is to protect patients and volunteers. Be assured, if you are asked to participate in a clinical trial, the benefits and risks have been rigorously scrutinised by qualified professionals and the research is being conducted for the benefit of patients, as required by law.

In order to uphold this principle, two major documents regarding clinical trials have been introduced within the last few months. All clinical trials throughout the world must abide by the Declaration of Helsinki which dictates the ethical principles of medical research involving human subjects. This declaration was first adopted by the World Medical Association, in Helsinki, in June 1964. It has undergone five revisions, the latest in October 2000, and the current 32 articles set the standards for medical research. This states "Medical Research should only be conducted if the importance of the objectives outweighs the inherent risks and burdens" and "the well being of [patients] should take precedence over the interests of science and society". Doctors must believe the potential results will benefit patients but they cannot apply any pressure to participate. You must decide on the basis of "fully informed consent" and you can withdraw your consent at any time without any impact on the standard of care you receive.

Irish law assures this in the Clinical Trials Act of 1987 (amended in 1990) and our legislation is considered stricter than many other EU countries. Apart from approval for every clinical trial by the Irish Medicines Board, every trial must also be approved by an Independent Ethics Committee. This committee has to consist of 3 medical practitioners, a paramedical person, a professional, non-medical person involved in administration or business, one person with legal competence and a member of the lay public whose competence and integrity the public would respect. Except where there is a clinical emergency, a patient may not be entered to a clinical trial within six days of giving written consent to do so. This is to make sure patients have had time to fully consider their participation in a trial without any external influence on their decision.

By the recent adoption of the Clinical Trials Directive (May 2000), European law is now being updated to ensure adherence to the highest principles of Good Clinical Practice. All European countries now must have inspectors checking that medical research is being conducted to the highest possible standards. Before 2003, Irish legislation must be updated in line with this Directive in order to harmonise standards across Europe.

Further information regarding the protection of patients participating in medical research can be obtained from many websites including the Irish Medicines Board (www.imb.ie), the European Medical Evaluation Agency (www.emea.eu.int) and the World Medical Association (www.wma.com).

For your legal advice contact Josephine on 021-4966166.

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