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GAZETTE
SEPTEMBER 1990
Edited by/Eamonn
G. Hall, Sblicitor.
AFF IDAVIT OF DISCOVERY
SHOU LD SPEC I FY PRECISE
GROUNDS OF PRIVILEGE
RELIED ON
In
Bu/a Ltd. and others (plaintiff/
appellants) -v- Tara Mines Ltd.
(defendants/respondents),
The Irish
Times Law Report,
August 20,
1990, the Supreme Court (Walsh,
Griffin and McCarthy JJ) held that
in an affidavit of discovery the de-
ponent should list and briefly
describe each document over
which privilege is claimed speci-
fying in respect of each such
document the precise basis or
ground of privilege relied on.
The appellants' motion had
sought an order that all parties to
the proceedings be at liberty to
make discovery on or before 2 April
1990; that all parties to the
proceedings do list and briefly
describe in the respective affidavits
of discovery each and every docu-
ment in respect of which privilege
was not being claimed; and that all
parties to the proceedings do list
and briefly describe (without dis-
closing the contents thereof) each
document over which legal,
professional or other privilege was
claimed specifying in respect of
each such document the precise
basis or ground of privilege relied
upon.
Walsh J said that there was no
good reason why the orders made
by Murphy J should not be carried
out exactly as he had indicated, as
there was nothing to be gained by
postponing exchange when docu-
ments were ready. Walsh J added
that the format suggested by the
appellants appeared to be, at least
in effect, what the Rules of Court
required because unless docu-
ments were identified and properly
indicated no particular claim of
privilege should be made about
anything. The Rules of Court
should be followed in the format
envisaged by the Rules and so far
as he was concerned the format
sought in the motion was ineffect
what the Rules required.
Griffin and McCarthy JJ
concurred with Walsh J.
AT TORNEY GENERAL'S OFFICE
STAFF I NG
Mr. Dukes T.D. asked theTaoiseach
in the Dáil, 401
Dáil Debates,
col.
825, July 10, 1990, whether the
Taoiseach had any plans to increase
the staff resources in the Office of
the Attorney General.
The Taoiseach stated that a com-
petition was at that time being
conducted by the Civil Service
Commission for new posts of
Assistant in the Office of the
Attorney General. It was proposed
to make up to four appointments.
The Taoiseach stated that it was
hoped that the persons appointed
would take up office at the end of
the summer.
Mr. Dukes enquired from the
Taoiseach if he would state
whether the proposed strengthen-
ing of the Attorney General's Office
would improve the situation in
relation to the drafting of legislation
in the autumn.
The Taoiseach replied by stating
that getting bills processed through
the Parliamentary Draftsman's
Office was a problem for all
Governments. Some of the Bills
then on hand were complicated
and required consideration in re-
lation to constitutional aspects.
However, the Taoiseach stated that
he would keep trying.
Mr. Shatter T.D. asked the
Taoiseach in the Dáil, 401
Dáil
Debates,
col. 826, July 10, 1990,
if the Taoiseach would indicate
whether any particular person or
persons in the Attorney General's
Office would be given responsibility
to draft legislation to implement the
many outstanding reports pub-
lished by the Law Reform
Commission to deal with a variety
of areas which demanded attention
and which did not appear to have
a political priority.
The Taoiseach stated that he
would reply to Deputy Shatter in
the same terms as he had replied
to Deputy Dukes.
BU I LD I NG REGULAT I ONS
Mr. Quinn, T.D. asked the Minister
for the Environment in the Dáil, 401
Dáil Debates,
col. 838, July 10,
1990, what action the Minister pro-
posed to take to ensure that the
seven local authorities, including
Dublin County Council and Dublin
Corporation, who currently have
legal responsibility for the admini-
stration of building by-laws, to have
the by-laws replaced with the
Building Regulations as the
standards referred to in the building
by-laws were now in conflict with
the recommended standards of the
proposed Building Regulations, and
their administration was in conflict
with the achievement of efficient
and good standards in the building
industry; and whether the Minister
would make a statement on the
matter.
The Minister for the Environ-
ment, Mr. Flynn, stated that
Section 22 of the
Building
Control
Act,
1990
provided, subject to
transitional provisions, that building
by-laws shall cease to have effect
in any area on the day on which
Building Regulations first come into
operation in that area. Work was
well advanced inhis Department on
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