The Gazette 1996

I

MARCH 19.

GAZETTE

Procedure Act 1967, ss. 5, 7, 8, 12, 18

Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1995] 2 ILRM 617 Road traffic - Driving while under the influence of an intoxicant - Arrest - Opinion of garda that the defendant had committed an offence - Whether necessary for the garda to say that he had formed the opinion at that time that the accused had committed an offence under the relevant section - Charges dismissed in District Court - Case stated - Road Traffic Act 1961, s. 49 Public Prosecutions) v. Raymond Aylmer Supreme Court (Walsh, Henchy, Griffin, Hederman and McCarthy JJ) [1995] 2 ILRM 624 Constitution - Separation of powers - Sentence of ten years' imprisonment imposed - Direction that accused should be brought back to court after specified period to consider whether balance of sentence should be suspended - Balance of sentence conditionally suspended but reactivated following breach of conditions - Whether direction amounted to an interference with the executive power to commute sentences - Whether trial judge attempted to arrogate functions of the Central Criminal Court - Whether a presiding judge of the court had jurisdiction to interfere with sentence - Whether accused estopped from challenging the validity of the sentence imposed - Constitution of Ireland 1937, Article 13.6 - Criminal Justice Act 1951, s. 23 Michael King v. District Judge John Neilan and Director of Public Prosecutions Supreme Court (Hamilton CJ, Egan and Blayney JJ) [1996] 1 ILRM 17 Constitution - Judicial Review - Preliminary examination - Jurisdiction refused by District Court - Preliminary examination waived by accused and plea of not guilty in respect of charge - Adjournment sought by prosecution for attendance of witnesses and deposition evidence purposes - Additional charges preferred against accused relating to original charge - Whether new additional charged could be brought - Whether application for adjournment a colourable device - Criminal 2 People (Director of

plaintiff would have automatic right to take two repeat examinations in the event of failure - Whether offer made by plaintiff accepted by college as agent of defendant

Director of Public Prosecutions (at the suit of Garda John Whelan) v. Brian Delaney and Ors High Court (Lavan J) [1996] 1 ILRM 70 Case stated - Prosecution before the District Court - Determination by district judge that charges not minor offences fit to be tried summarily - Refusal of DPP to give explaination as to why offences not prosecuted on indictment - Power of district judge to refer question of law to the High Court - Procedure limited to any proceedings 'other than proceedings relating to an indictable offence which is not being dealt with summarily by the court' - Whether procedure available in case which a district judge had decided to send forward for trial on indictment - Whether questions moot - Courts (Supplemental Provisions) Act 1961, s.52 (Employment) Bill 1996 This Bill, as presented by the Minister for Enterprise and Employment, aims to provide for the implementation of Directive 94/33/EC (of 22 June 1994) on the protection of young people at work. The Bill prohibits the employment of persons below the age of 16 subject to certain exceptions. If enacted, it will repeal the Protection of Young Persons (Employment) Act 1977 and certain sections of the Conditions of Employment Act 1936. Dumping at Sea Bill 1996 This Bill has been passed by Dáil Éireann. (Cf. (1996) 14 ILT 25.) Environmental Protection Agency Act 1992 (Commencement) Order 1996 (SI No. 13 of 1996) This Order brings ss. 100 and 101 of the Environmental Protection Agency Act 1992 into operation with effect from 22 January 1996. These sections permit powers under the Local Government (Water Pollution) Act 1977 and the Air Pollution Act 1987 to be conferred on the Environmental Protection Agency. EMPLOYMENT Protection of Young Persons ENVIRONMENT

CRIMINAL

Misuse of Drugs Bill 1996 This private member's Bill, as introduced by Deputy John O'Donoghue, aims to allow for the detention of persons suspected of offences contrary to ss. 15, 17, 19 and 20 of the Misuse of Drugs Act 1977 for a period of up to seven days on the application of a Garda not below the rank of Chief Superintendent to a Circuit Court Judge. The Bill also aims to alter the law in relation to search warrants required for the investigation of certain drug-related offences. Enactments) Bill 1996 This Bill, as presented by the Minister for the Environmant, aims to discontinue the right to compensation from local authorities for damage caused maliciously to property. The scope of the Malicious Injuries Act 1981 was restricted by the Malicious Injuries (Amendment) Act 1986 to cases of damage resulting from riotous assembly and damage in incidents attributable to the Northern Ireland situation. The present Bill is expressed to be a response to the Northern Ireland peace process and will oblige property owners and insurers to make normal commercial arrangements for safeguarding property. This Bill, as presented by the Minister for Justice, aims to allow for the detention of persons suspected of drug trafficking offences for a period of up to seven days on the application of a Garda not below the rank of Chief Superintendent to a Circuit Court Judge. The Bill further provides for the issuance of search warrants by certain Gardai and the attendance at, and participation in, the questioning of certain arrested persons by officers of customs and excise. Director of Public Prosecutions v. Michael O Suilleabhain Supreme Malicious Injuries (Repeal of Criminal Justice (Drug Trafficking) Bill 1996