The Gazette 1996

GAZETTE

AUGUST/SEPTEMBER 1996

ILT DIGEST

OF LEGISLATION AND SUPERIOR COURT DECISIONS

Compiled by DAVID BOYLE

ADMINISTRATIVE

Harbours Act 1996 (No. 11 of 1996)

This Act was signed by the President

on 20 May 1996. (Cf. (1995) 13 ILT

176.)

Metrology Bill 1996

This Bill has been passed by Dail

Éireann. (Cf. (1996) 14 ILT 51.)

Borrowing Powers of Certain Bodies

Bill 1996

This Bill, as presented by the Minister

for Finance, aims firstly to increase the

borrowing limit of ACC Bank pic from

£1,400 million to £2,400 million, and

secondly, to confirm the legal powers

of State bodies to engage in capital

financing transactions, including

finance leases, and to make certain

other provisions in relation to such

transactions by those bodies.

William

Coughlan

Dublin

Corporation (O'Flaherty J) 28 March

1996

Mandamus

- renewal of driving

licence - photocopy of photograph -

regulations require photograph -

remedies of

mandamus

and

certiorari

are discretionary - relief refused

Selina McKeen v. Meath County

Council (Barron J) 13 April 1996

Power of local authority to enter lands

they wish to acquire compulsorily -

conflicting constitutional rights -

power of entry must be exercised in

accordance with fair procedures -

case stated - on the facts no grounds

on which entry could be refused

Mintola Ltd and Ors v. Minister for

Environment,

Ireland

and the

Attorney General (Costello P) 18

April 1996

Statutory interpretation - interlocutory

injunction - statutory instruments -

alleged invalidity -

ultra vires -

taxi

and hackney vehicle licences -

statutory instrument purporting to

control operation of hackney cabs -

principles to be applied - whether

regulations purported to amend

earlier statute - whether a serious

question had been raised - whether

Minister acted

ultra vires

- whether

plaintiff entitled to an injunction -

Road Traffic Act 1961, s. 82 -

IRISH LAW 1IMES. AUC.USI 1'l<l(,

Wireless Telegraphy Act 1926 - Road

Traffic Act (Public Service Vehicles)

Regulations 1963

ADOPTION

Adoption (No. 2) Bill 1996

This Bill, as presented by Mr Autin

Currie, TD, Minister of State at the

Department of Health, aims to

provide for a new statutory procedure

for consulting the father of an extra-

marital child prior to that child being

placed for adoption (to afford the

father an opportunity to exercise his

right to apply for guardianship and/or

custody). This is necessitated by the

judgment of the European Court of

Human Rights in

Keegan v. Ireland

(Application No. 16969/90). The Bill

further aims to make certain

amendments to the Adoption Act

1991, the principal purpose of which

would be to facilitate the recognition

under domestic law of foreign

adoptions effected in countries whose

laws permit the revocation or

termination of adoptions in particular

circumstances.

AGRICULTURE

European

Communities

(Auth-

orization, Placing on the Market, Use

and Control of Plant Protection

Products) (Amend-ment) Regulations

1996 (SI No. 159 of 1996)

These Regulations (which amend the

European Communities

(Author-

ization, Placing on the Market, Use

and Control of Plant Protection

Products) Regulations 1994 and 1995)

specify,

inter alia

, the detailed

requirements relating to fate and

behaviour in the environment and

impact on non-target species to be

submitted in support of applications

for authorization for marketing and

use of plant protection products.

Animal Remedies Regulations 1996

(SI No. 179 of 1996)

These Regulations transpose

into

domestic law, or give further effect to

13 Communtiy

Directives

and

regulations. They lay down detailed

rules regarding the authorisation of

animal

remedies

and

the

manufacture, wholesale and retail of

animal remedies.

The Regulations

also lay down rules tor the

administration of animal remedies

and certain matters relating to

veterinary practice in relation to

animal remedies.

COMPANY

Countyglen pic v. John Carway and

Ors; Countyglen pic v. Anglo Irish

Bank Corporation pic; Countyglen

pic v. Dermot Morrissey- Murphy and

Ors (Laffoy |) 20 February 1996

Constitution

legislation

interpretation - company - inspector

appointed by court order - interim

and final reports received - 1990 Act

providing that report admissable in

proceedings as evidence of the facts

as set out therein without further proof

unless contrary shown - plaintiff

instituting

proceedings

against

defendants alleging wrongdoing -

plaintiff seeking to rely on facts set out

in inspector's reports in accordance

with 1990 Act to prove allegations

against

defendants

proper

construction of 1990 Act - to what

extent contents of reports admissable

to prove the facts alleged in

proceedings without further proof of

said facts - rules of statutory

construction - provision of Act passed

since coming into force of the

Constitution - canons of construction

- whether various constructions of

1990 Act contended for by parties

reasonably open - whether 'facts'

limited to findings of primary fact

expressed as such - whether 'report'

included appendix omitted from

circulation or publication - whether

any particular weight attached to facts

given the status of proven facts - no

issue taken as to constitutionality of

1990 Act - approach to be taken by

the court - Companies Act 1990, s. 22

CONSTITUTIONAL

Fifteenth

Amendment

the

Constitution Act 1995

This Act was signed by the President

on 17 |une 1996. (Cf. (1995) 13 ILT

280.)

Frank Mallon v. Minister for

Agriculture, Food and Forestry and

Ors (Supreme Court) 26 April 1996

Statutory interpretation - doctrine of

severance - statutory instruments -

Veterinary Regulations - penalties -

14Q