The Gazette 1996

GAZElTE

APRIL / MAY 1996

Article 41 of the Constitution - Constitutional process by which the Constitution can be amended - Whether government has any role in the submission of a proposal to the decision of the people - Whether government in publishing information" relating to proposal and in requesting voters to vote for proposal was exercising executive power of the State - Whether Government entitled to use public monies to advocate a particular outcome of Referendum - Separation of powers - Jurisdiction of court to review decisions relating to the expenditure of public monies - Whether use of public funds in referendum campaign which was designed to influence voters in favour of proposal was an interference with the democratic process and the concept of equal ity - Referendum Act 1994, ss. 3(1), 23 - Constitution of Ireland 1937, Articles 6, 15, 28, 40.1, 46,47 Revenue Commissioners, I reland and the Attorney General High Court (Costello P) [1996J 1 ILRM 122 Property R.ights - Protection of property rights against unjust attack - Revenue staMe - Validity - Withoiding of income tax - Method of collection - Alteration - Permanent provision to remedy transitional problem - Principle of Proportionality - Finance Act 1987, s. 18(2) - Finance Act 1990, s. 26(1) - Constitution of Ireland 1937, Article 40.3.20 Paul Rock v. Ireland, the Attorney General and the Director of Public Prosecutions High Court (Murphy J) 10 November 1995 Judicial review - Inferences could be drawn from accused's failure to explain reason for posession of object - Whether this abridged accused's right to si lence - Whether right to silence protected under Constitution - Whether such right at trial extended to suspect in custody - Whether doctrine of proportionality could be applied to constitutional rights - Constitution of Ireland 1937, Art. 38 - Criminal Justice Act 1984, ss. 4, 18, 19 - Forgery Act 1913, s. 8 - Offences Against the State Act 1939, ss. 24, 52 Michael Daly v.

entering into contract - Contract containing arbitration clause Plaintiff terminating contract due to alleged fundamental breach of defendant - Plaintiff initiating action for damages for breach of contract - Defendant's motion to stay proc– eedings - Whether defendant entitled to rely on arbitration clause - Arbitration Act 1980, s. 5 Domestic Violence Act 1996 This Act came into effect on 27 March 1996 by Commencement Order. (Cf. (1995) 13 ILT 203.) Prosecution of Offences and Punishment of Crimes Bill 1996 This private member's Bill, as introduced by Ms Liz O'Donnell, TO, aims to make provision for wide– ranging changes in the law relating to the prosecution of offences, criminal procedure in relation to accused persons, the extent of the right to silence, bail, control and management of the prison system, sentencing and the law relating to pardons, remissions and temporary release. Among the changes which the Bill proposes to make are. the establishment of a unified prosecution service; allowing the courts to require a bailsman to become surety for the good behaviour of the accused while on bail on pain of estreatment of the bail money; allowing the DPP or Attorney General to direct that a person be sent forward for trial without preliminary examination; the abolition of the existing rule that no guilty inference can be drawn from the silence of a suspect in circumstances where he fails to mention any fact relied on in his defence at the time that he is charged or at a time at which he might reasonably be expected to have mentioned it; the abol ition of the distinction between penal servitude and imprisonment; providing for the imposition of partly suspended sentences; and, the introduction of the power whereby a Court, in imposing a mandatory life sentence, may recommend a minimum period to be served by the accused. The People (DPP) v. I. R. (Carney J) 5 December 1995 Sentence - Rape - Indecent assault - Sexual assault - Unlawful carnal knowledge - Accused pleading guilty - Sentencing principles to be applied - Whether sentence of imprisonment for life may be imposed 2 CRIMINAL

DEFENCE

Prohibition

of Anti-Personnel

Landmines Bill 1996 This private member's Bill, as introduced by Mr 'Raphael P. Burke, TD, aims to prohibit within the State the production, procurement, transfer, sale, repair stockpiling, importation and use of anti-personnel landmines.

EMPLOYMENT

Protection of Young Persons (Employment) Bill 1996 This Bill has been amended in the Select Committee on Enterprise and Economic Strategy (Cf. (1996) 14 ILT 78.) Civil Service Regulation (Amend– ment) Bill 1996 This Bill, as presented by the Minister for Finance, aims to repeal s. 11 of the Civil Service Regulation Act 1956 (as amended by s. 4 of the Civil Service (Employment of Married Women) Act 1973) which provides for the re– admission to the Civil Service of certain women who retired from it for the purposes of, on or following marriage. Mary Lynch v. Moira Burke and Or Supreme Court (Hamilton el, O'Flaherty, Egan, BLayney and Denham JJ) [1996] 1 ILRM 114 Joint deposit receipt - Bank account opened in joint names of aunt and neice - Monies lodged into account by aunt - Account subject to direction that monies payable to aunt only or to survivor - Intention of aunt to benefit neice - Whether establ ishment of account amounted to an imperfect gift - Whether neice beneficially entitled to monies on death of aunt or held legal title to chose in action under an implied or resulting trust for the benefit of aunt's estate - Existence of contract as between bank and persons named as joint account holders - Terms of contract - Intention to confer beneficial interest in chose in action EQUITY

FAMILY

CONTRACT

Family 1995 (Commencement) Order 1996 (SI No. 46 of 1996) This Order fixes 1 August 1996 as the date on which the Family Law Act 1995 will come into operation. Law Act

Parkarran v. M. & .P Construction High Court (Morris J) 9 November 1995 Arbitration Motion to stay proceedings - Plaintiff and defendant