425 / 448
GAZElTE
Article 41 of the Constitution -
Constitutional process by which the
Constitution can be amended -
Whether government has any role in
the submission of a proposal to the
decision of the people - Whether
government in publishing information"
relating to proposal and in requesting
voters to vote for proposal was
exercising executive power of the
State - Whether Government entitled
to use public monies to advocate a
particular outcome of Referendum -
Separation of powers - Jurisdiction of
court to review decisions relating to
the expenditure of public monies -
Whether use of public funds in
referendum campaign which was
designed to influence voters in favour
of proposal was an interference with
the democratic process and the
concept of equal ity - Referendum Act
1994, ss. 3(1), 23 - Constitution of
Ireland 1937, Articles 6, 15, 28, 40.1,
46,47
Michael
Daly
v.
Revenue
Commissioners, I reland and the
Attorney General High Court
(Costello P) [1996J 1 ILRM 122
Property R.ights - Protection of property
rights against unjust attack - Revenue
staMe - Validity - Withoiding of income
tax - Method of collection - Alteration
- Permanent provision to remedy
transitional problem - Principle of
Proportionality - Finance Act 1987,
s. 18(2) - Finance Act 1990, s. 26(1)
- Constitution of Ireland 1937,
Article 40.3.20
Paul Rock v. Ireland, the Attorney
General and the Director of Public
Prosecutions High Court (Murphy
J)
10 November 1995
Judicial review - Inferences could be
drawn from accused's failure
to explain reason for posession of
object - Whether this abridged
accused's right to si lence - Whether
right to silence protected under
Constitution - Whether such right at
trial extended to suspect in custody -
Whether doctrine of proportionality
could be applied to constitutional
rights - Constitution of Ireland 1937,
Art. 38 - Criminal Justice Act 1984,
ss. 4, 18, 19 - Forgery Act 1913, s. 8
- Offences Against the State Act 1939,
ss. 24, 52
CONTRACT
Parkarran v. M. & .P Construction
High Court (Morris
J)
9 November
1995
Arbitration
Motion to stay
proceedings - Plaintiff and defendant
entering into contract - Contract
containing arbitration clause
Plaintiff terminating contract due to
alleged fundamental breach of
defendant - Plaintiff initiating action
for damages for breach of contract -
Defendant's motion to stay proc–
eedings - Whether defendant entitled
to rely on arbitration clause -
Arbitration Act 1980, s. 5
CRIMINAL
Domestic Violence Act 1996
This Act came into effect on 27 March
1996 by Commencement Order. (Cf.
(1995) 13 ILT 203.)
Prosecution of Offences and
Punishment of Crimes Bill 1996
This
private member's Bill, as
introduced by Ms
Liz
O'Donnell, TO,
aims to make provision for wide–
ranging changes in the law relating to
the prosecution of offences, criminal
procedure in relation to accused
persons, the extent of the right to
silence, bail, control and management
of the prison system, sentencing and
the law relating to pardons, remissions
and temporary release. Among the
changes which the Bill proposes to
make are. the establishment of a
unified prosecution service; allowing
the courts to require a bailsman to
become surety for the good behaviour
of the accused while on bail on pain
of estreatment of the bail money;
allowing the DPP or Attorney General
to direct that a person be sent forward
for
trial
without
preliminary
examination; the abolition of the
existing rule that no guilty inference
can be drawn from the silence of a
suspect in circumstances where he
fails to mention any fact relied on in
his defence at the time that he is
charged or at a time at which he might
reasonably be expected to have
mentioned it; the abol ition of the
distinction between penal servitude
and imprisonment; providing for the
imposition of partly suspended
sentences; and, the introduction of the
power whereby a Court, in imposing a
mandatory life sentence, may
recommend a minimum period to be
served by the accused.
The People (DPP) v.
I.
R. (Carney
J)
5
December 1995
Sentence - Rape - Indecent assault -
Sexual assault - Unlawful carnal
knowledge - Accused pleading guilty
- Sentencing principles to be applied
- Whether sentence of imprisonment
for life may be imposed
2
APRIL / MAY 1996
DEFENCE
Prohibition
of Anti-Personnel
Landmines Bill 1996
This
private member's Bill, as
introduced by Mr 'Raphael P. Burke,
TD, aims to prohibit within the State
the production, procurement, transfer,
sale, repair stockpiling, importation
and use of anti-personnel landmines.
EMPLOYMENT
Protection of Young Persons
(Employment) Bill 1996
This Bill has been amended in the
Select Committee on Enterprise and
Economic Strategy (Cf. (1996) 14 ILT
78.)
Civil Service Regulation (Amend–
ment) Bill 1996
This Bill, as presented by the Minister
for Finance, aims to repeal s. 11 of the
Civil Service Regulation Act 1956 (as
amended by s.
4
of the Civil Service
(Employment of Married Women) Act
1973) which provides for the re–
admission to the Civil Service of
certain women who retired from it for
the purposes of, on or following
marriage.
EQUITY
Mary Lynch v. Moira Burke and Or
Supreme Court (Hamilton
el,
O'Flaherty, Egan, BLayney and
Denham
JJ)
[1996] 1 ILRM 114
Joint deposit receipt - Bank account
opened in joint names of aunt and
neice - Monies lodged into account
by aunt - Account subject to direction
that monies payable to aunt only or to
survivor - Intention of aunt to benefit
neice - Whether establ ishment of
account amounted to an imperfect gift
- Whether neice beneficially entitled
to monies on death of aunt or held
legal title to
chose in action
under an
implied or resulting trust for the
benefit of aunt's estate - Existence of
contract as between bank and persons
named as joint account holders -
Terms of contract - Intention to
confer beneficial interest in
chose in
action
FAMILY
Family
Law
Act
1995
(Commencement) Order 1996 (SI
No. 46 of 1996)
This Order fixes 1 August 1996 as the
date on which the Family Law Act
1995 will come into operation.