DRILLING operations at a pub beside a Dublin school are causing intolerable problems for 288 students doing the Leaving and Junior Cert exams, the High Court was told yesterday.
Mr Justice Kelly granted an injunction to Sister Aideen Tierney, chairwoman of the board of management of St Michael's secondary school in Finglas. The order prevents drilling between 9 a.m. and 5.15 p.m., except on Saturday and Sunday. The drilling is at the Jolly Toper pub.
The injunction, which runs until next Wednesday, is against a contractor, Mr Francis Hanratty and the owner of the premises, Mr Edward Byrne.
Mr Mark Sanfey, counsel, instructed by Mr Charles Moran, of the Chief State Solicitor's office, for the school board, said the was far above the acceptable. He understood concrete was being broken up and pneumatic drills were being used.
Ms Margaret O'Donnell, vice principal of the school, said the exams had begun on Wednesday. There were 11 exam centres in the school. One was a special centre in which a physically handicapped girl was taking her Leaving Cert by computer. The noise would affect her because the drilling was quite near her.
There were 11 exam superintendents and they had complained. Pupils had complained and there had been phone calls from parents yesterday morning. The school caretaker had asked three times last week about the drilling. Last Wednesday he asked again and was told to get lost.
On Thursday, the noise was very loud and disturbing. She contacted the Department of Education in Athlone. She had already made two phone calls to the Jolly Toper and was told the owner was away and the building foreman had gone to collect cement. She was told nothing could be done and to give the foreman about 20 minutes. The drilling continued.
Yesterday morning, drilling started early and continued until there was a break at 10 a.m. It restarted at 10.20 p.m.
Ms O'Donnell said the noise was a big problem for students. It was extremely serious for students who were already under pressure. They were very concerned about Irish exams on Monday and French exams on Tuesday, when there would be aural exams involving students listening to tapes.
Mr Sean Mac Antanaiste, a Department inspector, said he was present between 2:45pm and 3:30pm on Thursday. Drilling started for about five minutes. He told the examination branch that the noise was intolerable and very annoying.
Yesterday morning there was drilling from 8.30 a.m. until 9.40 a.m., 10 minutes into the exam time. There then appeared to be a break for the workmen. Drilling started again at 10.20 a.m. A very heavy duty drill was among the drills being used.
Mr Sanfey said in fairness to the defendants, he was instructed they made contact on Thursday and assured Department officers that no noisy work would be carried out between 9 a.m. and 5.30 p.m. It appeared from what had happened yesterday morning that they were not able to keep that assurance.
Granting the injunction, Mr Justice Kelly said it came into force immediately. He wanted to make it clear that the order was now in effect and binding. Any drilling that took place would be contempt of court.