The Gazette 1996

iTTE

JANUARY/FEBRUARY 1996

Fair procedures - Insurance contract - Whether obligation to give reasons for cancellation and/or refusal to renew policy - Unjust contractual term - ^Whether court should imply term

This Order fixes 25 November 1995 as the date on which the Maintenance Act 1995 comes into operation. On that date, the Convention on the Recovery Abroad of Maintenance Payments (done at New York on 20 June 1956) will enter into force between Ireland and certain, specified countries Southern Health Board v. An Bord Uchtála High Court (Costello P) [1995] 2 ILRM 369 Adoption - Natural parents members of travelling community - Child suffering physical and psychological injury as a result of abuse - Child put into foster care and made the subject of fit persons orders - Application by foster parents to adopt child - Whether natural parents abandoned their parental rights - Whether proposd adoption in the child's best interests - Adoption Act 1988, ss. 2, 3(1)

unlawful - Mental Treatment Act 1945, s. 207 - Constitution of Ireland 1937, Article 40.4 In the Matter of a Ward of Court Supreme Court (Hamilton CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1995] 2 ILRM 401 Right to Life - Right of self- determination - Right to bodily integrity - Right to privacy - Right of competent adult to refuse medical treatment - Right to die a natural and dignified death - Ward of court in a condition close to a persistent or permanent vegetative state after sustaining severe brain damage - Ward kept alive by means of nutrition and hydration supplied through a nasogastric tube and subsequently through a gastrostomy tube inserted into stomach through abdomen - Application by committee and family of ward that medical treatment of ward should cease so that she could die naturally - Whether constitutional rights of family entitled it to direct that medical treatment should cease- -Role of court in asserting and exercising constitutional rights of the ward on her behalf - Best interests of ward served by decision to refuse all medical treatment with the exception of that designed to relieve pain - Constitution of Ireland 1937, Articles 40.1, 40.3, 41 Sheila Flannery v. Margo Forbes Dean and Ors High Court (Costello P) [1995] 2 ILRM 393 Bailment - Agency of necessity - Removal of bailor's goods by third parties with consent of bailee - Horses taken away by the defendants - No right to pass posession or title to third parties - Rights and duties of a bailee - Plaintiff entitled to return of her horses Carna Foods and Or v. Eagle Star Insurance Company (Ireland) Limited High Court (McCracken J) [1995] 2 ILRM 474 Constitutional and natural justice - CONTRACT

CRIMINAL

Domestic Violence Bill 1995 This Bill has been passed by Dáil Éireann. (Cf. (1995) 13 ILT 203.) Child Sex Tours Bill 1995 This private member's Bill, as presented by Senator Mary Henry, aims to make it an offence to organise or promote travel to any place within or without the State with the intention of facilitating the commission of child sexual abuse. General support for the Bill has been expressed by the Government

ENERGY

FISHERIES

Energy (Miscellaneous Provisions) Act 1995 This Act was signed by the President on 21 December 1995. (Cf. (1995) 13 ILT 203.)

Sea Fisheries (Driftnet) Order 1995 (SI No. 262 of 1995) The effect of this Order is to prohibit all vessels fishing within Irish waters, or a person on board any such vessel, to have one or more driftnets which have a total length of two and a half kilometres. The Order came into operation on 29 September 1995

ENVIRONMENT

Waste Bill 1995 This Bill has been amended in the Select Committee on Finance and General Affairs. (Cf. (1995) 13 ILT 178.) Dumping at Sea Bill 1995 This Bill has been amended in the Select Committee on Enterprise and Economic Strategy. (Cf. (1995) 13 ILT 306.)

HEALTH AND SAFETY

Irish Medicines Board Act 1995 (No. 29 of 1995) This Act was signed by the President on 15 November 1995. (Cf. (1995) 13 ILT 203.) Voluntary Health Insurance (Amend- ment) Bill 1995 This Bill has been amended in the Select Committee on Social Affairs. (Cf. (1995) 13 ILT 306.)

FAMILY

Maintenance Act 1994 (Commence- ment) Order 1995 (SI No. 288 of 1995)

2