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Sunday World
a day ago
- Sunday World
Company fined €270k for safety breach after death of man in workplace
Emotional scenes in court as family of Andrew Fleming hug driver of roller involved in tragic accident A company fined €270,000 following a workplace accident that led to the death of Andrew Fleming (45) has acknowledged the judgement of the court and said that their thoughts are with everyone affected by the tragedy. Colas Contracting Ltd received the substantial fine at Tralee Circuit Criminal Court after pleading guilty to two breaches of health and safety work regulations. The company has now been convicted on one of the charges. Judge Ronan Munro, presiding over the case, said that the company had a duty to protect workers but failed to do so and this led to the death of Galway man Andrew Fleming. The court previously heard that Tommy Nyland and Andrew Fleming were both working on a road project in Kerry. Mr Nyland was driving a rubber tyre roller in reverse while Mr Fleming was removing safety signs on the road. He was knocked over by the roller and suffered fatal injuries. The incident occurred on the the R551 at Meelcon, Cross of the Woods, Tarbert, Kerry on August 11, 2020. Both men were subcontracted to work with Colas Contracting Ltd. The company was in charge of road resurfacing works following the laying of cables by the ESB. Andrew Fleming Mr Nyland of Kilnock, Brickens, Mayo (51) came before Tralee Circuit Criminal Court charged with careless driving causing death and a breach of duty under the Safety Health and Welfare Act. He pleaded guilty to both and has been convicted on the careless driving charge. Judge Munro said the driver had 'little culpability' in this matter. He said Mr Nyland was not trained and that this incident was not about driving, so much as a workplace accident. He said Mr Nyland is filled with remorse after 'he unintentionally and accidentally killed his work colleague'. He said he could see Mr Nyland is consumed by the event and his friend's death. He fined him €100. The grief-stricken family of Mr Fleming had pleaded in their victim impact statement for Mr Nyland not to receive a custodial, financial or driving penalty for his part in the workplace accident. There were emotional scenes in court last week after the sentencing as the family hugged Mr Nyland. Judge Munro said he had never seen such compassion by a family. Mr Nyland had also previously pleaded for forgiveness for the accident and thanked the family for their compassion. 'I can't change what has been done. I wish I could, I hope you can forgive me,' he said. Judge Munroe, in sentencing Colas Contracting, said the aggravating factors in this case included the fact that Mr Fleming and the driver of the roller, Tommy Nyland, were not properly trained. The supervisor was also not on site at the time, although this was the final job of the day and had not been anticipated to take place, the court was told. Judge Munro said it was a would appear to be a relatively simple job, with Mr Nyland driving a roller to fix a gouge on the road and Mr Fleming collecting safety signs. Judge Munro said the evidence outlined previously showed that one of the wing mirrors on the roller had been closed in, and the driver was concentrating more on not colliding with moving traffic on his outside lane. Judge Munro said the safety rules are clear that 'you do not mix plant and people' and this was not followed in this case, nor was the appropriate training. "Neither man could not have imagined what would have happened,' he said. Judge Munro said the plea of guilty by the company was a mitigating factor, as was the ex-gratia payment to the child of Mr Fleming, who the court had heard lost a wonderful father who will never see her grow up. The court was told the company, which has been in operation since 1980, has no previous convictions. At the previous sitting of the court, the family of Mr Fleming had also appealed for safety measures to be put place to ensure no other family goes through the trauma they suffered. "Nothing will bring Andrew back but we hope improvements will be made to ensure nothing like this happens again. Safety should be the principle of any project and everything that can be done should be done [for safety],' said Jamie Fleming. The court heard that Colas Contracting had taken measures to ensure safety is now paramount and this included not only steps on paper but on the ground, including unannounced inspections and disciplinary measures for safety breaches. Andrew Fleming News in 90 Seconds - July 22nd Judge Munro said he noted that the company has 'taken matters seriously and have taken actions' and that the Health and Safety Authority are happy with the measures taken. He imposed a penalty of €270,000 for the charge that the company failed to provide a system of work in relation to the resurfacing that was practicable, safe and without risk to health and, as a result, Mr Fleming died. Following the case, Colas Contracting Limited issued a statement which said it acknowledged the judgment of the Circuit Court in respect of the circumstances surrounding the tragic death. 'Our thoughts today are most importantly with the family and friends of Mr Fleming and indeed, with everyone else affected by this tragedy,' it said. The Health and Safety Authority noted the judgement. 'Working in and around plant and equipment is one of the main contributing factors in workplace fatalities and serious non-fatal incidents. Work activities that involve plant and equipment must be planned and organised in such a manner that the work can be carried out safely,' it said.
Times
3 days ago
- Business
- Times
Roads and housing to get €100bn capital funding boost
Ministers are set to agree a €100 billion plan for spending across roads, housing and energy projects with significant extra funding found after 'tense' negotiations. It was originally envisaged that the review of the national development plan would result in an additional €20 billion being divvied up between departments. Sources this weekend said, however, that 'intensive' negotiations on the scale of investment in housing on the one hand and large transport and roads projects on the other had resulted in the cash pile rising to €30 billion. The plan will be unveiled by Jack Chambers, the minister for public expenditure, after a cabinet meeting this week where ministers will approve what is being described as 'once in a generation' capital funding into Uisce Eireann, the ESB and EirGrid. Negotiations with the Department of Housing and Department of Transport continued throughout the day yesterday, with a source saying both ministers presented a long list of demands. There will also be new investment in childcare and disability services and school buildings, while the Department of Enterprise has secured extra capital funding to boost competitiveness at a time of increased global uncertainty. Chambers is also expected to tell the cabinet this week that there is 'profound uncertainty' around global trade and that the threat of American tariffs from President Trump poses significant risks to the Irish economy. The summer economic statement will also be unveiled in the coming days, which will set out some of the parameters of the 2026 budget. Sources involved in finalising the plan said that when viewed against the budgets of previous years, it would appear far less generous. Ministers were told at a cabinet meeting last week that a trade deal with the US was nearly over the line in the hours before Trump announced tariffs of 30 per cent from August 1. According to a confidential cabinet memo, seen by The Sunday Times, the agreement would have involved a 10 per cent baseline tariff but would have resulted in the maintenance of a 'balance' in the trading relationship between the EU and the US. Ministers were told that Ursula von der Leyen, president of the European Commission, informed the taoiseach of Trump's 30 per cent tariff plan a few hours before the US president made the announcement on social media. According to the memo, the announcement made by Trump 'came after a week where it seemed momentum had been building towards an agreement in principle' on tariffs. 'EU ambassadors were briefed by the European Commission that a proposal for an agreement in principle was on the table with the US but was waiting on agreement at the highest levels. The contours of that agreement, while accepting a baseline US 10 per cent tariff, would have maintained balance in the trading relationship,' the memo states. The cabinet was told, however, that there was at that point, and still, much uncertainty around how certain sectors would be treated, such as pharmaceuticals. The EU wanted a 'standstill' clause, which would have prevented further tariffs on pharma and other sectors. 'The EU has been seeking standstill commitments but there is no clarity if this will be achieved and the latest indications from the US are negative,' the memo says. Ministers were told that the strategy from here would be to continue with negotiations and maintain contact with the US. However, the EU is proposing a €95 billion counter tariffs package, which Irish officials are poring over to identify any sensitivities that could be harmful to the economy. 'We have made clear … our concerns in relation to the significant impact which higher tariffs would have on the Irish economy including potential job losses … while also emphasising that pharmaceuticals should be included in the agreement in principle,' the memo states. 'EU rebalancing measures would also have an effect, especially in terms of US retaliatory measures targeting EU and Irish producers.'
Irish Independent
3 days ago
- Business
- Irish Independent
Extra funding ringfenced for water, electricity grid and Metro under €200bn National Development Plan, minister says
Today at 09:35 An additional €30 billion in capital expenditure will be included in the revised National Development Plan, which senior government figures will finalise tomorrow. The plan, which will earmark around €100 billion for investment in infrastructure such as roads, schools, water, health and homes for the next five years, will also focus on funding for Úisce Éireann, the ESB and EirGrid. Register for free to read this story Register and create a profile to get access to our free stories. You'll also unlock more free stories each week.
Irish Times
3 days ago
- Entertainment
- Irish Times
‘I was asked if I was a terrorist every day': The Mayo woman helping expats make a soft landing in the UK
'God knows what my parents were thinking to move to England at the height of IRA [Troubles]. It was a very difficult time to be Irish,' says Mayo native Eimear Maguire, who moved to England with her parents in 1987. Her father, George, took early retirement following a 40-year career with the ESB and, at her mother's urging, moved the family from Ballina to England. Maguire went from attending the 'fairly strict but fairly simple' Convent of Mercy in Ballina to being 'thrust into a comprehensive, 1,200-student school' in West Yorkshire. With a 'weird name and a strange accent' combined with 'all the Irish cultural, political stuff going on behind the scenes', Maguire says, 'I was asked if I was a terrorist every day, asked if we were in the IRA. All of that type of stuff.' The youngest of eight children, Maguire says she felt very separated from the '2.1-child families' typical of the time. Having eight children was 'unheard of' in England. 'It was a lot. I didn't realise how different I was. Even in six years of school, I never really felt like I belonged there.' READ MORE England didn't start to feel like home until she moved to Nottingham in 1994 to become a nurse. By that time, 'things had changed' with the emergence of popular Irish bands in the UK such as the Cranberries, U2 and Aslan making it 'trendy to be Irish'. With the peace process in Northern Ireland under way and the Republic of Ireland team at the 1994 World Cup led by well-known names from the newly formed Premier League, Maguire says people began to see the Irish 'less as something to worry about, and just as part of the landscape'. In her early career, Maguire retained her connection to Ireland. After her father's death, her mother returned to her native Roscommon, and Maguire spent most of her holidays in Ireland where she felt a sense of 'true belonging'. 'There is always that sadness with the Irish abroad. You always think, 'I'll go back. One day, I'll go back.' And then, the more and more entrenched you become in your life here in the UK with marriage, jobs or kids, that dream just gets further and further away. 'Eventually you realise that you cannot just think about yourself, and then it just becomes the impossible dream.' She met her future husband and business partner, James Maguire, while working as a nurse in Nottingham, and they moved to Manchester in 2000 following the birth of their first child. In 2010, they jointly founded Maguire Family Law, with Eimear looking to fulfil a lifelong dream of training as a lawyer. Initially funded by a loan against the family home, the firm now has four offices and 17 employees. As the firm took off, Maguire never found the time to train in law, instead taking up the role of head of finance and operations. The business is built around practising family law and its founders had their own intimate experience with the system. 'I was married to James and we set the practice up together, and then our marriage failed. So we got divorced but we continued to work together and to keep the business going. We are still working together, we are still the best of friends.' Their own experience with divorce, Maguire says, has allowed them to help other families navigate the uncertainty. 'A lot of people call me saying, 'Unfortunately, I'm gonna have to get divorced, and I would really like it to go down like your divorce did. I would like to remain friends. How do you do that?' 'So, in a way, we are the poster people for divorce,' she laughs. Growing the business in the north of England, Maguire got involved with the Women of Irish Heritage network, recently taking the position as the inaugural chairwoman of the not-for-profit initiative. She wants to make sure there is a soft landing for Irish women who make the 'brave decision' to move to the UK. 'The Irish, we are known the world over for our warmth,' she said, noting that the same warmth and welcoming culture isn't replicated as much in England. She says that Irish people who make the move often note the difference between the two cultures. 'I think British people are quite formal, they're quite reserved. They don't really speak their minds all that much. 'I know people have certainly found me to be a bit direct, but I just think I'm quite open in a way they are not used to.' Even now, after 35 years living in England, Maguire has never applied for British citizenship. 'I felt it a betrayal of my heritage for most of the time I've been here,' she says, noting that feeling was a result of the anti-Irish sentiment she has experienced at times in the UK. 'The lack of acceptance of us here drives [people] more towards rejecting any Britishness and more embracing your own heritage,' she says. In recent years, however, she feels she is entering her 'belonging era' and points to new laws which will simplify the process for Irish people living in the UK to apply for citizenship. 'I may get my dual nationality after all,' she laughs.
Irish Times
4 days ago
- Irish Times
Landowner allegedly overturned ESB machine with tractor while workers trimmed trees near high-voltage line
A landowner who allegedly overturned an ESB machine while workers were trimming trees near high-voltage power lines on his land has agreed in the High Court to allow immediate urgent safety works to take place. Tom O'Shea, of Stellrose, Wheelam, Milltown, Newbridge , Co Kildare, had allegedly told ESB workers trimming trees that he would 'pull down the line' if they did not stop working. He then allegedly fetched his own digger and tipped over a tree-cutting tractor with its operator still inside. He then locked his digger and walked towards his farmyard, the court heard. Mr O'Shea represented himself in court on Friday. Asked by Mr Justice Brian Cregan why he was refusing to allow the ESB to work on the lines, for which it has a statutory right to enter his land, he said he was in a wider dispute with the electricity company that has not been resolved. READ MORE He also claimed the trees themselves are on neighbouring land and believed they could be cut from there. Stephen Dodd SC, for the ESB, said his client maintains the trees are on Mr O'Shea's land. Mr O'Shea said he wanted time to respond to ESB and EirGrid affidavits, but Mr Dodd said an order was still required allowing the work to be carried out urgently because of the risk of fire and blackouts. Mr O'Shea also said the ESB is in breach of planning permission. The judge said the company did not need planning permission for this work and has a statutory right to cut back growth from power lines. When Mr O'Shea said 'until recently we kept them (trees) trimmed back', the judge said this was not true. Photographs were provided by the ESB to the court, and Mr O'Shea handed other photos in on Friday, but the judge said these were just photos of 'a field and hedges and telegraph poles'. [ Kildare building site closed by court order to 'reduce risk of injury, or worse' Opens in new window ] He told Mr O'Shea that if the ESB was incorrect in what it was doing, he would have a claim for compensation against it. In the meantime, the judge asked whether Mr O'Shea would consent to the injunction preventing him from interfering. Mr O'Shea said he had dealt with a particular individual in the ESB over the years in negotiations with the company and would like to do so again. Mr Dodd agreed to the judge's request to contact that individual, who now works elsewhere in the ESB, to get them involved. The judge asked Mr O'Shea if he was prepared not to interfere on the basis that negotiations would take place involving that ESB employee, with which the defendant had 'a rapport'. Mr O'Shea agreed he would. It was also agreed on the basis of the standard undertaking in injunctions from the ESB to pay damages if the injunction is invalid. The judge ordered that the negotiations take place over the next three weeks, and that Mr O'Shea remove all obstacles to the land by 4pm Friday and remove locks from a gate. He adjourned the matter to the last week of July. The court heard earlier this week that Mr O'Shea had previously interfered, in 2009, with tree trimming on land he owns and ultimately was brought before the High Court for breaching undertakings not to do so. The incident involving the overturned tractor occurred on May 6th last when workers were trying to trim trees near the 110kV Cushaling-Newbridge 110kV overhead lines.
