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Farting barrister loses harassment claim against colleague who asked him to stop

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A senior British barrister who sued the Crown Prosecution Service for England and Wales after a colleague asked him to stop farting in the room they worked in together has lost his case.

Tarique Mohammed, who sued for harassment, told an employment tribunal that his repetitive flatulence was caused by medication for a heart condition. He said the comment from his colleague Paul McGorry was embarrassing and violated his dignity – but the panel found it was reasonable for McGorry to have asked him to stop.

The prosecutor, who had a heart attack in 2014, also alleged he was discriminated against because of his disabilities and made a number of further allegations against colleagues and bosses.

There were repeated incidents of flatulence in the quiet room. On one occasion Mr McGorry asked: ‘Do you have to do that, Tarique?’

He claimed they threw away his water bottles, asked him to work one day a week nearly 100km away and failed to pay for his barrister’s practising certificate while he was on sick leave.

The claims of disability-related discrimination were also thrown out by the panel, chaired by the employment judge Emma Hawksworth, in Reading, near London.

The prosecution service did accept that it treated Mohammed unfairly by not allowing him to work from home two days a week and leave work at 4pm to help him manage his condition, and by removing him from court duties, meaning he will receive compensation.

His heart condition meant he had to take daily medication whose side effects meant he had to remain at home for several hours after taking it. In 2016 he began sharing an office with McGorry, where the issue of his persistent flatulence was raised.

“Mr McGorry was aware the claimant had had a heart attack but he was not aware of what medication the claimant was taking or that flatulence was a side effect of the medication,” the tribunal was told. “There were repeated incidents of flatulence in the quiet room. On one occasion Mr McGorry asked: ‘Do you have to do that, Tarique?’”

Mohammed said that it was due to his medication and that when he was asked if he could step outside to do it, he said he could not.

The tribunal commented that it was not unreasonable to ask Mohammed to stop farting ‘when there had been repeated incidents of flatulence in a small office’

In February 2016 he was moved to another team that meant he did not have to attend court and was asked to work one day a week in Brighton, more than one hour’s drive from Guildford, where he was normally based.

He launched a grievance, which concluded that the prosecution service should have made allowances for him, and went on sick leave. His employment was terminated in April 2020.

The tribunal threw out Mohammed’s claims of disability-related harassment and victimisation. “Many of the incidents about which [he] complains were unrelated to his disability … or were caused or aggravated by [him] overreacting,” the panel said.

Of the flatulence, the tribunal commented: “Mr McGorry’s questions to [Mr Mohammed] were not asked with the purpose of violating [his] dignity or creating such an environment. It was not an unreasonable question to ask, when there had been repeated incidents of flatulence in a small office.” – Guardian

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External investigation into Department ‘champagne party’ needed – Minister

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Minister of State Anne Rabbitte has called for an external investigation into a “champagne party” held by staff in the Department of Foreign Affairs staff in June 2020.

The gathering, which appeared to breach Covid-19 guidance in place at the time, was “inexcusable” and Minister Simon Coveney and his department have further questions to answer, the Fianna Fáil TD told Saturday with Katie Hannon on RTÉ Radio One.

“Having a champagne reception in any government department at that time, I know over in the Department of Health where they worked tirelessly for 23, 24 hours a day, it was far from champagne they were having,” she said.

Ms Rabbitte said an internal report conducted by the department’s current secretary general was not a satisfactory way to handle the matter.

“It’s still within the same department, and we know the answer we will get. I would be one for openness and transparency … it has to be [an external report].”

She added that all departments needed to learn from the mistake.

Officials were photographed in the department celebrating Ireland’s election onto the UN Security Council, and the image was posted on Twitter by the then secretary general Niall Burgess. The tweet was later deleted. At the time of the event, there were strict restrictions on the size of gatherings due to Covid-19.

Speaking on the same programme, Labour TD Duncan Smith said people were angered at the event because June 2020 was a bleak time for most people in Ireland. He said the public had seen other incidents where politicians and others were accused of breaching Covid-19 restrictions.

“These are the elites of society … what has really hurt people is that it really got to the ‘we are all in this together’ philosophy.”

Sinn Féin TD David Cullinane agreed there needed to be an independent review of the matter, adding that Mr Coveney needed to come before an Oireachtas committee and the Dáil to gave a “frank and full account” of what happened.

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Dog-owners bite back at beach rules

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Following a series of reports that An Taisce is leading the battle to ban dogs from the State’s 83 blue-flag beaches, the organisation’s Ian Diamond is feeling misunderstood.

“I don’t hate dogs”, Mr Diamond says, pointing out that Blue Flag International – the global body which governs the coveted awards – warned last year that some qualifying beaches were not honouring long-standing rules.

Under what’s known as Criterion 23, the rules declare that beach access “by dogs and other domestic animals must be strictly controlled” and that they be allowed only in “the parking areas, walkways and promenades in the inland beach areas”.

Faced with the reminder, Mr Diamond said he requested last year that local authorities get more time, as it was “not something that can be introduced immediately in the middle of a pandemic when people are under other restrictions.

“You can’t exactly introduce these things overnight, so we were flagging that,” he said, adding that Blue Flag told them to speak to people seeking blue flag status and “come back with proposals” that comply with the rule.

The issue came to national attention following a meeting of Kerry County Council this week, though it was understood then that the rule was an An Taisce demand, rather than being a Blue Flag International obligation.

Dogs and horses

Consequently, Kerry County Council now propose that dogs or horses will not be allowed on blue-flag beaches from 11am-7pm between June 1st and September 15th, or otherwise the county could lose its 14 blue flags.

However, the restrictions are unpopular with some dog-owners: “There’s a lot more important things to be worrying about than dogs on a beach,” said David Walsh, as he walked his pet, Oreo, on Salthill beach.

Dog-owners in Salthill are already not allowed to bring their dogs onto the beach between 9am and 8pm between May 1st and September 30th each year, in line with Blue Flag International’s rules, though penalties are rare.

Mr Diamond says a national application of the rules at blue-flag beaches would not “strictly prohibit dogs being on the beach” during bathing season, outside of peak hours.

Bathing season

“The blue-flag criteria would apply from June 1st to September 15th, within peak usage hours, so bathing hours – that would be mid-morning to early evening,” said the An Taisce officer.

“What it requires is that there would be rules in place in relation to dogs that say [they] should not be in the blue-flag area within those hours and within the bathing season,” Mr Diamond said.

The restriction is based on public health grounds and dates back to 2003: “Dog faeces actually contain a lot of the micro-organisms that cause illness in the same way that human waste would,” he said.

“There’s no zero-tolerance approach to this. If rules are going to be brought in, then people will be consulted as well, you know, brought in unilaterally, and it’s down to the councils responsible for the beaches to bring those in.”

Not everyone disagrees with An Taisce, or Blue Flag: “I don’t think dogs should be on the beach, because of the kids and all that. And a lot of people don’t pick up their poo afterwards,” said a man on Salthill beach.

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Jail for banned motorist from Limerick caught driving on Christmas shopping trip to Belfast

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A banned motorist from Limerick caught driving on a Christmas shopping trip to Belfast has been jailed for seven months.

Police also discovered three of Leeanne McCarthy’s children not wearing seat belts when her car was stopped on the Westlink dual carriageway.

The 41-year-old mother-of-eight initially gave officers a false identity, prosecutors said.

Belfast Magistrates’ Court heard a PSNI patrol car stopped the Ford Focus on November 26th last year.

McCarthy, with an address at Clonlough in Limerick, provided a different name and claimed she did not have her licence with her.

However, checks revealed that a month earlier she had been banned from driving for five years.

A Crown lawyer said: “Three young children were in the rear of the vehicle, none of them wearing seat belts.”

McCarthy initially claimed they only removed the safety restraints when the car came to a halt, the court heard.

Police were told that she took over driving duties from another daughter who had been tired and nearly crashed the vehicle.

McCarthy was convicted of driving while disqualified, having no insurance, obstructing police and three counts of carrying a child in the rear of a vehicle without a seat belt.

Her barrister, Turlough Madden, said she had travelled to Belfast for Christmas shopping.

Counsel told the court McCarthy spent the festive period in custody, missing out on sharing it with her eight children and four grandchildren.

“That’s been a wake-up call and significant punishment for her,” Mr Madden submitted.

“She is a mother who simply wants to go back to Limerick and not return to Northern Ireland.”

Sentencing McCarthy to five months imprisonment for the new offences, District Judge George Conner imposed a further two months by activating a previous suspended term.

Mr Conner also affirmed the five-year disqualification period and fined her £300 (€350) for the seat belt charges.

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