The Gazette 1996

GAZETTE

AUGUST/SEPTEMBER 1996

ILT DIGEST OF LEGISLATION AND SUPERIOR COURT DECISIONS Compiled by DAVID BOYLE

Wireless Telegraphy Act 1926 - Road Traffic Act (Public Service Vehicles) Regulations 1963 ADOPTION Adoption (No. 2) Bill 1996 This Bill, as presented by Mr Autin Currie, TD, Minister of State at the Department of Health, aims to provide for a new statutory procedure for consulting the father of an extra- marital child prior to that child being placed for adoption (to afford the father an opportunity to exercise his right to apply for guardianship and/or custody). This is necessitated by the judgment of the European Court of Human Rights in Keegan v. Ireland (Application No. 16969/90). The Bill further aims to make certain amendments to the Adoption Act 1991, the principal purpose of which would be to facilitate the recognition under domestic law of foreign adoptions effected in countries whose laws permit the revocation or termination of adoptions in particular circumstances. AGRICULTURE European Communities (Auth- orization, Placing on the Market, Use and Control of Plant Protection Products) (Amend-ment) Regulations 1996 (SI No. 159 of 1996) These Regulations (which amend the European Communities (Author- ization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 1994 and 1995) specify, inter alia , the detailed requirements relating to fate and behaviour in the environment and impact on non-target species to be submitted in support of applications for authorization for marketing and use of plant protection products. Animal Remedies Regulations 1996 (SI No. 179 of 1996) These Regulations transpose into domestic law, or give further effect to 13 Communtiy Directives and regulations. They lay down detailed rules regarding the authorisation of animal remedies and the manufacture, wholesale and retail of animal remedies. The Regulations also lay down rules tor the 1

administration of animal remedies and certain matters relating to veterinary practice in relation to animal remedies. COMPANY Countyglen pic v. John Carway and Ors; Countyglen pic v. Anglo Irish Bank Corporation pic; Countyglen pic v. Dermot Morrissey- Murphy and Ors (Laffoy |) 20 February 1996 Constitution - legislation interpretation - company - inspector appointed by court order - interim and final reports received - 1990 Act providing that report admissable in proceedings as evidence of the facts as set out therein without further proof unless contrary shown - plaintiff instituting proceedings against defendants alleging wrongdoing - plaintiff seeking to rely on facts set out in inspector's reports in accordance with 1990 Act to prove allegations against defendants - proper construction of 1990 Act - to what extent contents of reports admissable to prove the facts alleged in proceedings without further proof of said facts - rules of statutory construction - provision of Act passed since coming into force of the Constitution - canons of construction - whether various constructions of 1990 Act contended for by parties reasonably open - whether 'facts' limited to findings of primary fact expressed as such - whether 'report' included appendix omitted from circulation or publication - whether any particular weight attached to facts given the status of proven facts - no issue taken as to constitutionality of 1990 Act - approach to be taken by the court - Companies Act 1990, s. 22 Constitution Act 1995 This Act was signed by the President on 17 |une 1996. (Cf. (1995) 13 ILT 280.) Frank Mallon v. Minister for Agriculture, Food and Forestry and Ors (Supreme Court) 26 April 1996 Statutory interpretation - doctrine of severance - statutory instruments - Veterinary Regulations - penalties - 14Q CONSTITUTIONAL Fifteenth Amendment of the

ADMINISTRATIVE Harbours Act 1996 (No. 11 of 1996) This Act was signed by the President on 20 May 1996. (Cf. (1995) 13 ILT 176.) Metrology Bill 1996 This Bill has been passed by Dail Éireann. (Cf. (1996) 14 ILT 51.) Borrowing Powers of Certain Bodies Bill 1996 This Bill, as presented by the Minister for Finance, aims firstly to increase the borrowing limit of ACC Bank pic from £1,400 million to £2,400 million, and secondly, to confirm the legal powers of State bodies to engage in capital financing transactions, including finance leases, and to make certain other provisions in relation to such transactions by those bodies. Dublin Corporation (O'Flaherty J) 28 March 1996 Mandamus - renewal of driving licence - photocopy of photograph - regulations require photograph - remedies of mandamus and certiorari are discretionary - relief refused Power of local authority to enter lands they wish to acquire compulsorily - conflicting constitutional rights - power of entry must be exercised in accordance with fair procedures - case stated - on the facts no grounds on which entry could be refused Mintola Ltd and Ors v. Minister for Environment, Ireland and the Attorney General (Costello P) 18 April 1996 Statutory interpretation - interlocutory injunction - statutory instruments - alleged invalidity - ultra vires - taxi and hackney vehicle licences - statutory instrument purporting to control operation of hackney cabs - principles to be applied - whether regulations purported to amend earlier statute - whether a serious question had been raised - whether Minister acted ultra vires - whether plaintiff entitled to an injunction - Road Traffic Act 1961, s. 82 - William Coughlan v. Selina McKeen v. Meath County Council (Barron J) 13 April 1996

IRISH LAW 1IMES. AUC.USI 1'l