A senior academic at the National University of Ireland Galway has brought a High Court challenge over what he says is a flawed investigation into claims he tried to ‘sabotage’ a colleague’s career.
The action has been brought by Heinz Peter Nasheuer who is a Professor of Biochemistry at the university.
Prof Nasheuer is one of nine individuals who are the subjects of complaints of alleged bullying made by a colleague at NUIG. He categorically denies the allegations – which date back several years – against him.
Arising from the complaints, the Labour Court appointed former trade unionist Janet Hughes to conduct an independent investigation into the allegations.
However Prof Nasheuer says the investigation is flawed and should not be allowed continue, on grounds including that Ms Hughes had previously represented the complainant in an unrelated matter during the 1990s.
In proceedings that commenced before the High Court on Tuesday, Prof Nasheuer seeks various injunctions against NUIG including one halting the investigation on the grounds that it is oppressive and unreasonable.
He seeks to have the injunctions kept in place until the case has been fully determined by the High Court.
NUIG, represented by John O’Donnell SC, opposes the application, and rejects claims that the process is flawed or that it should be halted. It says that the process is an investigation only and is not a disciplinary hearing.
Mr O Donnell said it could well be the case that nothing adverse to the Professor will come out of the process.
Counsel said NUIG also denies the investigation has in any way breached Prof Nasheuer’s rights including his rights to fair procedures.
Mark Connaughton SC, appearing with Mairead McKenna BL for Prof Nasheuer, told the court his client had worked with NUIG since 2003 and was “completely shocked” when the allegations were first put to him by the university.
The bullying allegations, which counsel said are all denied, are quite serious. The complainant’s counsel had accused his client of trying “to sabotage” that person’s career.
Ms Hughes’ counsel said she had represented the complainant in her capacity as a trade union official during the 1990s.
Counsel said during the course of the investigation, his client discovered Ms Hughes had disclosed this fact to the complainant, the Labour Court and to NUIG, but had failed to do so to his client until after the process had begun.
He said that another reason why the investigation is flawed was that Ms Hughes had consulted with the complainant and NUIG, but not with the Professor and his advisers, about the terms of reference of the investigation into the allegations.
And he added said these matters had led to fears that the investigation was biased against Professor Nasheuer.
Counsel also said that a further complaint was that his client at one stage of the process was wrongly accused of not co-operating with the process. This was not the case and the Professor had co-operated, he added.
Counsel said that arising out of these concerns they had asked that the investigation be halted.
The failure to do so resulted in the Professor bringing proceedings before the High Court.
The hearing before Mr Justice Marie Baker has been adjourned, and will recommence later this month.
Cyclists and disability groups don’t feel the love for ‘kissing gate’ barriers
From the Galway City Tribune – Cyclists and disability groups long campaigning for the removal of ‘kissing gates’ on popular routes were overjoyed to see the one at ‘the Swamp’ in the Claddagh removed last week.
But their joy quickly turned to anger when it was returned a few days later. They learned that it had only been taken out to facilitate a private company. Grant Thornton had organised a 5K run along the Salthill Promenade for corporate staff and sports teams.
Gráinne Faller, who organises the Sundays4Safety awareness campaigns in Salthill, said she could not believe how quickly the Council could act to remove, then replace the barrier when bike groups have been calling for their removal for years, only to be met with inaction.
“These gates lock so many people out of our parks and playgrounds. How can we justify blocking access to public spaces? They are ableist, ageist and they block people with buggies and bikes. They really discriminate against parents. And then we learn that the Council is claiming that this isn’t a problem? We wait. And wait. It is not okay. It’s Council-sanctioned discrimination.”
Chairperson of the campaign group Cyclist.ie, Neasa Bheilbigh, said the gates excluded families and people with mobility impairments from using safe active travel routes to school and public amenities.
“To suggest quiet routes through housing estates and parks are not active travel routes, shows a lack of understanding about how people move in our city,” she insisted.
She highlighted the fact that the National Transport Authority (NTA) has committed to providing funding to remove barriers to promote universal access.
“I always feel safer cycling than walking at night, but having to dismount leaves me feeling vulnerable. The Council don’t seem to grasp the needs of people who use non-standard bikes as mobility aids and who cannot dismount or have the strength to navigate through these barriers.”
Liam Ferrie from Menlo said he was long past retirement age but he found his e-bike was a great way of getting around Galway.
“Last Sunday I cycled a total of 28km without any difficulty – apart from a very close pass by a motorist. However, if I had come to a kissing gate I’d have had to turn back as there is no way I could lift the bike through it.”
Emergency Medical Technician (EMT) for the National Ambulance Service, Reg Turner, said his family cycles along the Terryland Forest park en route to school and they have to manoeuvre a large cargo bike carrying his baby son through a kissing gate.
“My seven-year-old calls them jail gates. She says she is sick of lifting her bike and asks when are they coming to remove the gates. The crazy thing is the forest can be accessed from various other exits and entrances which don’t have these gates.”
At a Galway City Council meeting last July, City Council Director of Services for Transport, Patrick Greene, told councillors the NTA had written to Councils acknowledging that kissing gates were problematic for some users.
He said the NTA was working to come up with a new design for gates that are more accessible for users such as people on cargo bikes, pram users and people in wheelchairs, and the Council would act on any recommendations from the NTA once an alternative was sourced.
He said the City Council was planning to do an audit of all kissing gates across Galway.
Cllr Noel Larkin stated that without kissing gates, housing estates and public parks would be more accessible to vehicles and could result in antisocial behaviour.
Cllr Donal Lyons said motorbikes and other vehicles could access public parks and amenity areas if they were removed and not replaced.
(Photo: A cargo bike stuck at a kissing gates. The City Council removed one in Claddagh recently for a road race but then reinstated it).
This article first appeared in the print edition of the Galway City Tribune, September 23. You can support our journalism by subscribing to the Galway City Tribune HERE. The print edition is in shops every Friday.
Council needs extra loans for home-buying scheme
From the Galway City Tribune – Galway City Council has had to draw down further loans to keep up with demand for the Local Authority Home Loan Scheme.
At a meeting of the City Council, Director of Services for Housing, Brian Barrett, said they had initially sought approval from councillors for a loan of €4.1 million but such was the demand that they required a further €1.4 million.
A renewed Local Authority Home Loan was announced in December last year and provides for Government-backed mortgages for first-time buyers and ‘fresh-start’ applicants – those who are divorced or separated, or who have undergone personal insolvency or bankruptcy.
The scheme was introduced to provide lower interest rate mortgages to those who are creditworthy but would otherwise find it difficult to access sufficient finance.
Mortgages up to 90% of the value of the property are available, with a limit of €320,000 applicable to Galway. An income ceiling of €65,000 applies to single applicants, or €75,000 in the case of a joint application.
Mr Barrett said since the original scheme was launched in February 2018, 277 applications had been received by Galway City Council and 120 had been approved.
Twenty-three of those loans applied to the Tenant Purchase Scheme for local authority tenants buying-out their homes.
“In February, councillors approved a loan of €4.1 million and we need another €1.4 million . . . we require €5.5 million,” said Mr Barrett, who explained this applied to 2022 applications only.
The funding would be borrowed by the Council from the Department of Housing, Local Government and Heritage.
Cllr Declan McDonnell (Ind) raised the issue of joint applications in the case of parents and an adult child who wished to buy out a local authority house under the Tenant Purchase Scheme.
“There is a situation arising where a parent with a son or a daughter in the house and the parent is in their 60s. After getting approved, they go to the Housing Finance Agency and they’re told they can only get a four-year mortgage – they waste five months getting approved to be told that,” he said, explaining that money would not be loaned for a period beyond when the parent turns 70.
“That information was not relayed to the Council,” added Cllr McDonnell.
Dermot Mahon of the Council’s Housing Department said he was aware of this issue, but it was part of the scheme.
“The loan scheme specifies that the maximum age of the eldest borrower is 70,” said Mr Mahon.
Councillors agreed to increase the loan, bringing it to €5.5 million.
City councillors pack their bags for Dutch transport junket
From the Galway City Tribune – A group of city councillors will be packing their bags for Holland in the coming weeks as part of an initiative to introduce them to revolutionary transport solutions.
A meeting of the Council heard that the National Transport Authority (NTA) was willing to fund a trip for councillors to an area similar to Galway – in order to highlight the possibilities in relation to sustainable travel.
Council Chief Executive Brendan McGrath confirmed that the NTA “feel it would be beneficial for councillors to see some of the solutions implemented in other areas”.
“It would be to a town in Holland, similar in size to Galway, to see their active travel solutions,” said Mr McGrath.
There would be no cost to the City Council, he added.
The meeting heard the trip would last three days and would be open to nine councillors – half of the full Council – while two City Hall officials would accompany them.