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How to Change solicitors

Consider a shoe repairer. You leave your shoes with the repairer to have new soles put on. If you are like the writer, you want rubber soles glued to the original leather sole. (By implication, the shoes are brand new).

Under the Constitution of Ireland the protection of private property is guaranteed. The shoes are your private property.

You return to the repairer and ask for your shoes. The repairer declines to return them; there is the small question of payment for the work done. That work was done on your private property. (more…)

Cryptosporidiosis – Galway: A Case Study in Drinking Water

By Oatsy40

The source of the outbreak of parasitic illness in Galway has been confirmed; it is the public water supply.

The responsibility for the management of the public water supply rests with the sanitary authority, that is, with Galway County Council/ Galway City Council.

Under Section 58 of the Environmental Protection Agency Act 1992 sanitary authorities are subject to obligation to report to the Agency the quality of drinking water in their area of jurisdiction.

The Agency has, pursuant to the Act of 1992, published Annual reports on water quality, the most recent being for the year 2005.

The relevant parasite, a micro-organism known as Cryptosporidium is associated with faecal matter, human and animal. It also manifests itself on a seasonal pattern. See HERE and HERE.

The parasite is not, or not readily, amenable to control by drugs. It can have severe effects on young people or old people or those whose immune systems have been attenuated; e.g., persons with AIDS.

There are mixed reports on the quality of drinking water in Ireland.
The Environmental Protection Agency notes the indifferent quality of drinking water from local rural water schemes. For sanitary authority public schemes, it declares in its report for 2005 that 99.8% of such supplies are compliant with “the E. Coli standard”.

On inquiry from the Irish Times the Department of the Environment, it is reported, stated that there is no specific legislation requiring filtration of public water supplies for Cryptosporidium. It also stated that such authorities are obliged in law to establish surveillance systems for the parasite”in certain drinking water supplies”.

In fact, sanitary authorities are obliged to “take the necessary measures to ensure that [drinking] water is wholesome and clean” and specifically that it “is free from any micro-organisms and parasites”. In addition it is the duty of the authority per EU Council Directive 98/83/EC to ensure that “other measures, such as appropriate treatment techniques, are taken to change the nature or properties of the water before it is supplied so as to reduce or eliminate the risk of the water not complying with the parametric values after supply”.

Government Policy

Government Policy

The Irish Times reports Ms. Mary Harney, Minister for Health and Children informing the Dail that it has been Government Policy to arrange for the building of private hospitals on public land for almost two years.

This is a revelation to the writer and, from the context of the Irish Times report, a revelation to the Dail also.

It also provokes some consternation; we inhabit a world where Government Policy can be settled on, yet not published for almost two years.

Consequently, it is possible to be in breach of Section 49 of the Electoral (Amendment) Act 2001 unwittingly. See HERE for prior comment on this subject.

Keeping Religion in check

Archer’s Religion

Jeffrey Archer has written a new book, – “The Gospel According to Judasâ€?.

He says he wanted it to be a gospel; that it be in verse; that it be credible scholarship. So, he had the assistance of Fr. Francis J. Moloney S D B

A report coming to hand says it looks, feels and reads like a gospel, and the author’s name is absent from the cover. (Actually it purports to be written by “Benjamin Iscariot”).

So, Archer being Archer, we can expect heavy advertising for the book.

Which raises the question; what will Today FM do if Archer’s publisher places a radio advertisement with the station?

Will Today FM react as it did when Trocaire placed its advertisement with the station and unilaterally refer the advertisement for clearance by the Broadcasting Commission of Ireland?

After all, Archer’s book is clearly a religious book? Right? Did he not support Margaret Thatcher and her voodoo economic programme for the United Kingdom? Was not her great friend Ronald Reagan frequently closeted with his soothsayer?

So, the Broadcasting Commission of Ireland, to be consistent, must ban any radio advertisement promoting Archer’s book.

Corrib Gas Pipeline – 21st March 2007

THE HIGH COURT
Record No: 840P/2005

BETWEEN:


SHELL E & P IRELAND LIMITED

Plaintiff

And

PHILIP MCGRATH, JAMES PHILBIN, WILLIE CORDUFF,
MONICA MULLER, BRID MCGARRY, PETER SWEETMAN

Defendants


And

THE MINISTER FOR COMMUNICATIONS MARINE AND NATURAL RESOURCES, IRELAND AND THE ATTORNEY GENERAL
Defendants to the counterclaim of second and fifth defendants

Update (21st March 2007)

1. Judge Laffoy has indicated that she will deliver judgement on the Plaintiff’s motion, seeking leave to serve a Notice of Discontinuance, on 18th April 2007, at 10.30 am

Personal Injury – Chemicals & Metals Generally

Chemicals & Metals

See HERE for the Employers’ duties

The chemical industry, worldwide. has expanded enormously in quantity of output since the beginning of the last century. The variety of its products has increased considerably since the end of the Second World War.

Worldwide, the industry generates turnover of $1,000 billion every year. In addition to this enormous turnover, it regularly shifts product emphasis, accelerating the production and variety of some types of chemicals and shedding others. The industry focused on paints, agro-chemicals, pharmaceuticals, and high-value plastics as the growth areas of the 1990’s. Many products in the chemical industry are not sold in the general retail market; they are sold on to some other chemical industry for use as a component in the products of the buyer industry. Highest demand for inorganic products of this kind is seen for chlorine, sodium hydroxide, caustic soda, titanium dioxide and hydrogen peroxide.

Chemicals represent Ireland’s third largest export product after machinery and food. Upwards of 12,00 people are employed in Ireland’s chemical industry and the industry and workforce is growing. There are about 200 chemical and pharmaceutical firms in the country. Between 1972 and 1986 turnover in the Irish chemical industry jumped from £36 million to £1,251 million, an increase of 35 fold. Generally, pharmaceuticals and “fine chemicals” are the principal products of the Irish chemical industry. Fine chemicals are required in small volumes and attract high prices, having undergone relatively sophisticated manufacturing techniques. Chemical factories of fine chemicals and pharmaceuticals are large purchasers of bulk chemicals from other chemical manufacturers. In 1986 £165 million of organic chemicals were imported into Ireland for use in the Irish chemical industry.

Needless to say, Ireland is a user of chemicals as well as a manufacturer. Paints, glues, resins, dyes and paper-making all use chemical components in their manufacture and are in general use in Irish industry, not to speak of the fertilizers, pesticides, herbicides and animal health products used in agriculture.

About 5 million chemicals are in common use. In the United States of America, a list of 60,000 substances has been compiled under the Toxic Substances Control Act and the US National Institute of Occupational Safety and Health has produced a list of over 39,000 chemicals in it’s Registry of Toxic Effects of Chemical Substances.
There are reasons to think that such lists represent a fraction of the hazardous chemical substances in circulation. It has been estimated that a new potentially harmful chemical enters industrial use every twenty minutes. This presents a serious problem in the dissemination of information on the hazards presented by these products to the end users or even the workers employed in their manufacture. Equally difficult is the question as to what those hazards are. The sources of information, although substantial as a database, are not complete. A U.S. National Research Council study completed in the early 1980’s found there was no toxicology information on 38% of pesticides, 56% of cosmetics ingredients, 46% of food additives and 78% of industrial chemicals.

Categorisations of hazard are also a problem. Some are based on chemical classification, such as Organic and Inorganic.

Others refer to the material state of the substances e.g. gas, solid, liquid or aerosol etc. A further classification refers to their practical uses e.g. “solvents” will include chemically differentiated substances such as ketones, alcohols, ethers etc.

As an alternative, hazards may be classified on the basis of their effect on the human organism, or the mechanism of toxicity in the human body; e.g. “Reactants” and Non-reactants” are so divided on the test of whether the substance suffers a chemical transformation in the body or not. Substances may be classified as neurotixic, hepatoxic, nephrotoxic, or cardiotoxic etc., referring to the toxic effects produced.

A significant difficulty arises in the case of events of chronic toxicity as opposed to events of acute toxicity. It is a principle of toxicity that there is a quantity threshold for every substance below which no toxic results will occur. The exception is a carcinogenic substance, in view of the evidence that a quantity as small as a molecule of some carcinogenic substances will initiate a cancer.

Threshold Limit Values

The American Conference of Governmental Industrial Hygienists (ACGIH) established a system for determining maximum levels of certain selected substances to which workers might be exposed, without, so far as current knowledge indicated, resulting in an injury to the worker. By implication, the selected substances were all known to cause injury at some level of exposure. In short, the purpose of the exercise was to enable the continuation of the processes in which the exposures took place without, if possible, injuring the workers. It is a fact that many toxic substances are apparently harmless to human beings at very low levels of exposure; some, indeed, are required as trace elements to enable the body’s biochemistry to properly function.

The level at which the ACGIH fixed exposure for any particular substance was called “the Threshold Limit Value.” It was defined as “the level to which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effect”. Each worker’s exposure was taken to be eight hours a day over a forty hour week. In addition the TLV level was taken to be an average for a day’s exposure. Thus, exposure could exceed the TLV in the morning if the afternoon exposure was correspondingly reduced. This was not the case with all substances; some were so potent and dangerous that the TLV was not to be exceeded at all. In such cases the TLV’s were “ceiling values”.

In due course, with the establishment of the Occupational Safety and Health Administration (OSHA) and the National Institute of Occupational Safety and Health (NIOSH) in the U.S. and the Health and Safety Executive in the U.K., the ACGIH system was adopted by these official regulatory agencies and are now official parameters. They are referred to as “exposure limits ” by the U.S. and U.K. agencies but further sub-divided by the Health and Safety Executive into “recommended limits ” and “control limits “.

Since the fixing of the original TLV’s by the ACGIH many of the limits have been found to be too generous. This was always understood by the ACGIH; they stated,

“a small percentage of workers may experience discomfort from some substances at concentrations at or below the threshold limit, a smaller percentage may be affected more seriously by aggravation of a pre-existing condition or by development of an occupational illness”.

Unfortunately, these “small percentages” were larger than first estimated and the current OSHA and the Health and Safety Executive limits show, in many cases, considerable reductions on the original TLV’s.

This should not have come as a surprise. Generally, the basis for the fixing of all such limits was and is the perceived effects of measured doses to laboratory animals, mainly rats and mice. Some knowledge of injury to humans was also available and some limits were fixed for some substances because of their close chemical affinity to other substances of which more was known. There are further difficulties.

For events of acute toxicity (immediate acute poisoning) the fixing of the Threshold Limit Value (TLV) is not a large problem. However, the effect of exposure to a low concentration over a long term is frequently different to brief exposure to a high concentration. It is certainly the case that some substances cause allergies at lower concentrations than their TLV. The TLV refers to toxic effects not allergic effects. While the effect of accumulation of heavy metals in the body is reasonably well known, this is not the case for every toxic substance. In addition, the typical features of acute poisoning may not be present in a case of chronic poisoning from the same substance.

Apart from direct and often difficult-to-detect-effects, it has also been ascertained that chronic poisoning may exert a burden on the body’s homeostatic mechanism and precipitate illnesses not directly attributable to the toxic substance. This has been seen in the case of organic compounds of chlorine and phosphorous, carbon disulfide, hydrocarbons, hydrogen sulfide, amino compounds and heavy metals.

Depending on the substance and the quantity involved, the effect of a toxic substance is not identical in the case of every person. Some people can adapt, or in extreme terms, survive, while others fall ill or die. Some people are vulnerable to injury, such as an allergy, while others are not.

Digital Rights Ireland: Motion in Default Defence struck out, costs to Plaintiff

THE HIGH COURT
2006 No. 3785P

Between

DIGITAL RIGHTS IRELAND LIMITED

Plaintiff

And

THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL

Defendants

Four weeks ago, at the request of the Defendants, the Plaintiff agreed to strike out a Motion for judgement for default in serving a Defence and to an Order extending the time for so doing by 4 weeks. The costs of the Motion, by agreement, will be paid by the Defendants.

The Defence is still outstanding and the following letter has now issued to the Defendants.

*****************

Our Ref: DRI/0001/2 Your Ref; 06/HMG 20th March 2007

Chief State Solicitor
Osmond House
Little Ship Street
Dublin 8
Fax 4176299

Re: The High Court – 2006 No. 3785P Digital Rights Ireland Limited v The Minister for Communications, Marine and Natural Resources & Ors.

Dear Sir,

We refer to the above in which we act for the Plaintiff.

We refer to the phone call from your office last week in which you indicated that the Defendants would, yet again, default in the delivery of their defence.

We note that you attribute the responsibility for this to the counsel for the Defendants.

From our experience we would feel that this is unfair to said counsel and we hold the Defendants responsible.

The courts (Lynch J.) have remonstrated on previous occasions with defendants who, like your clients, unnecessarily consume time and costs in procrastination in the delivery of pleadings. In this case it is particularly serious, given the ongoing invasions of privacy and the rights of Civil Society being perpetrated by the Defendants.

Under the Rules of the Superior Courts we have no option but to extend the time again for the Defendants before we bring a further Motion for Judgement in default of pleading.

We will not accede to any further waste of time.

We hereby consent to late service of the Defence within a period of twenty one days from the date hereof.

Please note, in default of receiving the Defence within the time limited we have instructions to apply to the court for judgment in default without further notice to you.

Please further note that this letter will be produced to the court for the purpose of fixing the Defendant with the costs of any such application.

Yours faithfully,

___________________
McGarr Solicitors

MRSA and friend

Galway’s drinking water, supposedly, has been compromised by Cryptosporidiosis.

Cryptosporidiosis is a disease caused by a parasite, a Scheduled biological agent under the Infectious Diseases (Amendment) (No. 3) Regulations (S.I. No. 707 of 2003) and Safety, Health And Welfare At Work (Biological Agents) (Amendment) Regulations, 1998 (S.I. No. 248/1998).

It shares this status with, inter alia, Staphylococcus aureus. Staphylococcus aureus, in its evolved form of “Methicillin resistant Staphylococcus aureusâ€? is known as MRSA.

The Cryptosporidiosis cases are said to be clustered near the town of Tuam, whose water supply is perceived to be overstretched due to “population growthâ€? ie, overdevelopment. Or, the water supply is inadequate for the permitted development.

Under the Infectious Diseases (Amendment) (No. 3) Regulations medical practitioners and others are obliged to notify the local medical officer of any unusual clusters or changing patterns of any illness. The medical officer in turn notifies the National Disease Surveillance Centre.

Registrars of births and deaths are obliged to send to the medical officer returns of deaths from infectious diseases. These are then notified to the National Disease Surveillance Centre.

Under the Safety, Health And Welfare At Work (Biological Agents) (Amendment) Regulations, 1994 (S.I. No. 146 of 1994) (as amended by S.I. No. 248/1998), the Health and Safety Authority may request employers to produce the assessment made by them to protect their employees from Scheduled biological agents.

Methicillin resistant Staphylococcus aureus and Cryptosporidiosis are, each, such an agent. The obligations on employers imposed by the 1994 Regulations extend to the protection of self-employed persons at the employer’s workplace.

In the case of Cryptosporidiosis the role for the Health and Safety Authority is to make inquiries of Galway City Council and Galway County Council as to the assessments made by them relating to the parasite, and in the case of MRSA ,to make inquiries of each and every hospital in the State as to the assessments made by them to protect their employees and self employed persons, from Scheduled biological agents, specifically, MRSA.

The Right to Silence etc.

The Minister for Justice Equality and Law Reform (the Tanaiste) has introduced his Criminal Justice Bill 2007 in the Dail. The Opposition HERE and HERE and HERE and civil society groups HEREand HERE have criticised the Minister for, inter alia, rushing the legislation through parliament. We should not forget the general election in the offing, in this context.

It must be a matter of chagrin for, presumably, the Irish Council for Civil Liberties
and this writer, to find they have provided what the Minister believes to be an acceptable rejoinder to these criticisms in that he claims the proposals “…were well aired and analysed in public debates in recent monthsâ€?.

So that’s OK, then.

Personal Injury – Asbestos

Mesothelioma is a form of cancer caused by exposure to asbestos. Typically, persons contracting it in their employment have worked for more than one employer in an industry resulting in exposure to asbestos. Therefore a cause of action may lie against all the employers. This liability will be joint and several; ie even if only one employer still subsists, that employer will be fully liable subject to the principle in Brett v Reading University, CA (Civ Div) 14/02/2007
Here, the employer was held not to be liable because the Plaintiff failed to show a breach of duty of that employer. Exposure to asbestos was not enough. It was necessary to prove negligence or breach of statutory duty by that employer.