The Gazette 1994

GAZETTE

MARCH 1994

C o m p e n s a t i on F u n d P a y m e n t s - M a r c h , 1 9 9 4 The following claim amounts were admitted by the Compensation Fund Committee and approved for payment by the Council of the Law Society at its meeting in March 1994.

whether the national or Community legislature has described the objective to be achieved by the directive in | sufficient detail. Would it be heretical I to propose, by analogy with Art. 190 EC, that the doctrine be dispensed with, at least for s.3 orders, and as a counterpart alternatively to require ministers to give detailed reasons by way of preamble, when adopting such orders, for the particular regulations that are involved? S.5 of the European Communities (Amendment) Act, 1993 only confirms existing ministerial orders that fall foul of the aforesaid separation of powers principle to the extent that confirmation is in conformity with the Constitution. The principle of non-retroactivity, particularly of criminal liability, will operate to inhibit confirmation in many cases. The wider question of the extent to which it is permissible to confirm retrospectively statutory instruments declared ultra vires injudicial review proceedings will almost inevitably have to be considered by the Supreme Court. References 1. High Court, 1 April 1993 reported at [1994] 1 ILRM 1, p.5. j 3. At the time of the enactment of the 1972 Act this was contained in Art. 29.4.3 of the Constitution but, since the enactment of the Eleventh Amendment of the Constitution Act, 1992, it is comprised in Art. 29.4.5 thereof. 4. Supreme Court, 18 November 1993 at [1994] 1 ILRM l , p. 11. 5. See Art. 189 EC (as renamed by the treaty on European Union). Art. 14 ECSC and Art. 161 EAEC. 6. Exposed to this doctrine, it was argued that the s.3 power must flounder for the other provisions of the 1972 Act do not lay down in sufficient 2. See Gazette Vol. 87 No 9 (September 1993) at p.258. . '

detail the principles governing the exercise of the said power.

7. By virtue of s.2 of the European Communities (Amendment) Act,

1993 this now includes the European Economic Area

Agreement to the extent that its provisions and the legislation adopted thereunder is binding on the State through the Community's legal order. 8. Specific reference was made to East Donegal Co-Operative Livestock Marts Ltd. v AG [1970] IR 317 and to the manner of its construction in Harvey v Minister for Social Welfare [1990] IR 232 in so far as the exercise of delegated powers by ministers is concerned. 9. Finlay CJ, O Flaherty and Egan JJ concurred with both judgments.

IR£

Peter M. Fortune ,

2,500.00

38 Molesworth Street, Dublin 2.

Diarmuid

Corrigan,

625.03

6 St. Agnes Raod, Crumlin, Dublin 12. Michael Dunne, 63/65 Main Street, Blackrock, Co. Dublin. Malocco & Killeen, Chatham House, Chatham Street, Dublin 2. Forde, 52 O'Connell Street, Ennis, Co. Clare. St. John M. Donovan, "Lawcus", Stoneyford, Co. Kilkenny Christopher

2,312.00

10,102.00

10. [1980] IR 381.

11. D. R. Phelan, '"Necessitated" by the Obligations of Membership? Article 29.4.5 of the Constitution'. (1993) 11 ILT 272.

2,777.73

12. Inserted by the Eleventh

Amendment of the Constitution Act, 1992. In his perceptive article, cited by Phelan ibid., A Collins points out as the Court of Justice has no jurisdiction to interpret the provisions of either Titles V or VI of the Treaty on European Union, the need for the Irish High and Supreme Courts to develop an autonomous view of the State's obligations thereunder will be even more acute: see A Collins, 'The Eleventh Amendment: Problems and Perspectives' (1992) 10 ILT 209. • * Noel Trovers BCL, LLM(NUI), Dip AELS(Bruges), BL(King's Inns) is a lecturer in law and Assistant Dean, Faculty of Law, University College Dublin. 13. See Casey, Constitutional Law in Ireland (2nd ed 1992) at p. 185.

5,563.00

23,879.76 •

S o l i c i t o r s G o l f i n g S o c i e t y - C a p t a i n ' s P r i z e Henry Lappin's Captain's Prize will take place at Headford Golf Club, Kells, Co. Meath, on Monday 23 May, 1994. A time sheet will operate and bookings may be made by telephoning Carol Mahon at 8744147/8728233.

William Jolley, Hon. Secretary.

•

101