The Gazette 1996

AUGUST/SEPTEMBER 1996

GAZETTE

Health (Amendment) (No. 2) Bill 1996 This Bill, initiated by Senator Maurice Manning, has been passed by Dail Éireann. It aims to enhance the powers of the Minister for Health under s. 76 of the Health Act 1970 (dealing with the amendment by order of a hospital charter) in circumstances of any reorganisation or extension of the provision of hospital services. The immediate purpose of the Bill is to attempt to facilitate the provision of the necessary statutory basis for the establishment of the governing body of the new Tallaght Hospital. INTELLECTUAL PROPERTY Trade Marks Act 1996 (Commence- ment) Order 1996 (SI No. 198 of 1996) This Order brought the Trade Marks Act 1996 into operation with effect from 1 July 1996. Trade Marks Rules 1996 (SI No. 199 of 1996) These Rules set out the fees and application and registration proc- edures under the Trade Marks Act 1996. The Rules came into operation on 1 July 1996. LOCAL GOVERNMENT Local Government 1994 (Commencement) Order 1996 (SI No. 191 of 1996) This Order brings s. 63 of the Local Government Act 1994 into operation with effect from 24 June 1996. The section relates to electoral divisions. PRACTICE AND PROCEDURE Radiac Abrasives Inc. v. Thomas A. Prendergast and Ors (Barron J)13 March 1996 Discovery - failure to make full discovery - condition as to confidentiality imposed - discovery by files rather than documents - documents which had existed not discovered - situations of deliberate concealment of documents and further and better discovery contrasted - whether defence should be struck out for failure to make proper discovery - whether affording an opportunity to place a full affidavit of discovery before the court more appropriate Tony McDonnell v. Ireland, the Attorney General, the Minister for Communications and An Post (Carroll J) 16 January 1996 Act

Access to Information on the Environment Regulations 1996 (SI No. 185 of 1996) These Regulations set out the procedures for public access to information relating to the environ- ment held by public authorities in accordance with the provisions of Council Directive 90/31 3/EEC on the Freedom of Access to Information on the Environment. They also provide certain grounds for refusal of information and establish other procedures relevant to the processing of requests by public authorities. The Regulations came into operation on 22 July 1996. Waste Management Act 1996 (Commencement) Order 1996 (SI No. 192 of 1996) This Order brought the Waste Managemant Act 1996 into operation with effect from 1 July 1996 with the exception of ss. 6(2), 32(2), 57 and 58. FAMILY Family Law (Divorce) Bill 1996 This Bill, as presented by the Minister for Equality and Law Reform, aims to give legislative effect to the Fifteenth Amendment to the Constitution (cf. (1995) 13 ILT 280 and supra at CONSTITUTIONAL). It sets out the intended machinery whereby individuals may seek a decree of divorce from either the Circuit or High Court and also aims to enable the court to make financial, property and other ancillary orders following the grant of a decree of divorce. O'M. (M.) (otherwise O'C. (M.)) v. O'C. (B.) (Supreme Court 18 April 1996 Family law - nullity - capability to enter into normal relationship - informed consent - subjective test - failure to tell spouse of visits to psychiatrist before marriage - not informed consent - marriage null and void HEALTH AND SAFETY National Standards Authority of Ireland Bill 1996 This Bill has been passed by Dail Eireann. (Cf. (1996) 14 ILT 1 30.) HEALTH SERVICES Health (Amendment) Act 1996 (No. 15 of 1996) This Act was signed by the President on 26 June 1996. (Cf. (1996) 14 ILT 152.)

Plaintiff lost his job as civil servant in postal service on conviction of a scheduled offence - application for reinstatement refused - application to An Post for position on its institution similarly refused - legislation under which plaintiff lost his job sub- sequently declared unconstitutional - proceedings issued 16 years after job forfeited seeking damages and declarations - whether action con- cerning breach of constitutional rights could be statute barred - whether An Post were under any obligation to employ plainitff - Offences Against the State Act 1939, s. 34 - Statute of Limitations 1957, s. 11(2) - Postal and Telecommunications Services Act 1983, s. 45 - Postal and Tele- communications Service (Amend- ment) Act 1984, s. 2 Mary Pitt v. James Bolger and Anor (Keane J) 2 February 1996 Security for costs - European Union - proceedings brought by plaintiff in this jurisdiction - plenary summons stating plaintiff resided in Isle of Man - plaintiff full owner of property in England - plaintiff residing part of the time in England and remainder in Isle of Man - plaintiff a citizen of the United Kingdom - defendant seeking security for costs order - plaintiff not resident in contracting state for purposes of 1968 Convention - whether defendant had defence upon the merits - discretion of court in ordering security - whether security should be ordered - Rules of the Superior Courts 1986, O. 29 - Convention on the jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 1968 Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 - European Economic Communities Treaty, art. 7 Director of Public Prosecutions v. Judge Liam O. McMenamin and Anor (Barron J) 23 March 1996 Criminal law - Book of Evidence - statements to be included statements of persons not to be called at trial not included - case adjourned to enable fresh book of evidence to be served - judicial review by state - only necessary to include statements by those to be called at trial - Criminal Procedure Act 1967, Part II James Stafford v. Revenue Commissioners (Supreme Court) 27 March 1996 Discovery - appeal from Master to High Court to Supreme Court - principles to be applied when

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