417 / 448
iTTE
JANUARY/FEBRUARY 1996
unlawful - Mental Treatment Act
1945, s. 207 - Constitution of Ireland
1937, Article 40.4
In the Matter of a Ward of Court
Supreme Court
(Hamilton
CJ,
O'Flaherty, Egan, Blayney and
Denham JJ) [1995] 2 ILRM 401
Right to Life - Right of self-
determination - Right to bodily
integrity - Right to privacy - Right of
competent adult to refuse medical
treatment - Right to die a natural and
dignified death - Ward of court in a
condition close to a persistent or
permanent vegetative state after
sustaining severe brain damage -
Ward kept alive by means of nutrition
and hydration supplied through a
nasogastric tube and subsequently
through a gastrostomy tube inserted
into stomach through abdomen -
Application by committee and family
of ward that medical treatment of ward
should cease so that she could die
naturally - Whether constitutional
rights of family entitled it to direct that
medical treatment should cease- -Role
of court in asserting and exercising
constitutional rights of the ward on her
behalf - Best interests of ward served
by decision to refuse all medical
treatment with the exception of that
designed to relieve pain - Constitution
of Ireland 1937, Articles 40.1, 40.3, 41
CONTRACT
Sheila Flannery v. Margo Forbes
Dean and Ors
High Court (Costello P)
[1995] 2 ILRM 393
Bailment - Agency of necessity -
Removal of bailor's goods by third
parties with consent of bailee - Horses
taken away by the defendants - No
right to pass posession or title to third
parties - Rights and duties of a bailee -
Plaintiff entitled to return of her horses
Carna Foods and Or v. Eagle Star
Insurance Company (Ireland) Limited
High Court (McCracken J) [1995] 2
ILRM 474
Constitutional and natural justice -
Fair procedures - Insurance contract -
Whether obligation to give reasons for
cancellation and/or refusal to renew
policy - Unjust contractual term -
^Whether court should imply term
CRIMINAL
Domestic Violence Bill 1995
This Bill has been passed by Dáil
Éireann. (Cf. (1995) 13 ILT 203.)
Child Sex Tours Bill 1995
This private member's Bill, as
presented by Senator Mary Henry,
aims to make it an offence to organise
or promote travel to any place within
or without the State with the intention
of facilitating the commission of child
sexual abuse. General support for the
Bill has been expressed by the
Government
ENERGY
Energy (Miscellaneous Provisions)
Act 1995
This Act was signed by the President
on 21 December 1995. (Cf. (1995) 13
ILT 203.)
ENVIRONMENT
Waste Bill 1995
This Bill has been amended in the
Select Committee on Finance and
General Affairs. (Cf. (1995) 13 ILT 178.)
Dumping at Sea Bill 1995
This Bill has been amended in the
Select Committee on Enterprise and
Economic Strategy. (Cf. (1995) 13 ILT
306.)
FAMILY
Maintenance Act 1994 (Commence-
ment) Order 1995 (SI No. 288 of 1995)
This Order fixes 25 November 1995
as the date on which the Maintenance
Act 1995 comes into operation. On
that date, the Convention on the
Recovery Abroad of Maintenance
Payments (done at New York on 20
June 1956) will enter into force
between Ireland and certain, specified
countries
Southern Health Board v. An Bord
Uchtála
High Court (Costello P)
[1995] 2 ILRM 369
Adoption - Natural parents members
of travelling community - Child
suffering physical and psychological
injury as a result of abuse - Child put
into foster care and made the subject
of fit persons orders - Application by
foster parents to adopt child -
Whether natural parents abandoned
their parental rights - Whether
proposd adoption in the child's best
interests - Adoption Act 1988, ss. 2,
3(1)
FISHERIES
Sea Fisheries (Driftnet) Order 1995
(SI No. 262 of 1995)
The effect of this Order is to prohibit
all vessels fishing within Irish waters,
or a person on board any such vessel,
to have one or more driftnets which
have a total length of two and a half
kilometres. The Order came into
operation on 29 September 1995
HEALTH AND SAFETY
Irish Medicines Board Act 1995 (No.
29 of 1995)
This Act was signed by the President
on 15 November 1995. (Cf. (1995) 13
ILT 203.)
Voluntary Health Insurance (Amend-
ment) Bill 1995
This Bill has been amended in the
Select Committee on Social Affairs.
(Cf. (1995) 13 ILT 306.)
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