12th July, 2001
Notice
Board
ON
THE ROUNDABOUT
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
HOLIDAY HORROS
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
DOUGLAS HALL
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.
FINANCIAL NEEDS ANALYSIS
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
Broadband
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.
CARRIGALINE LIBRARY
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.
MATERNITY / PATERNITY LEAVE
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.
MEDICAL RESEARCH
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.
