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GAZETIE

amendment of ea rli er regulation -

judic ial intervention not inconsistent

increase in penalty - increase in

with the provision of the Act -

penalty - alleged infringement by

respondent acted

intra vires

-

Theft

plaintiff of regul ations - eight

Act (Northern Ireland) 1969, s. 8(2) -

summonses i sued agai nst plaintiff -

Extradition Act 1965, ss. 43(3), 47

judi c ial revi ew - prohibition and ... ____

-:------,~~---:------

certiorari

sought - whether increased

DEFENCE

penalties made

ultra vires

the power

--------------

of the Minister - whether increased

penalty constitutional - whether

offending provision can be severed if

unconstitutional

whether the

provision can stand independently

after severance - whether Minister

should

be

prohibited

from

maintaining prosecutions - European

Communities Act 1972 - European

Communities (Control of Veterinary

Medical Products and their Residues)

Regulations 1990

European

Communities (Control of Androgenic,

Gestagenic

and

Thyrostate

Substances) Regulations 1988 -

European Communities (Veterinary

Medicinal Products) Regulations 1986

CRIMINAL

Criminal Justice (Drug Trafficking

Bill) 1996

This Bill has been passed by Dail

Eireann. (Cf. (1996) 14 ILT 78.)

Organised Crime (Restraint and

Disposal of Illicit Assets) Bill 1996

This private member's Bill, as

presented by Mr John

0

1

Donoghue,

TO, would allow for the restraint and

disposal by the High Court of the

suspected proceeds of organised

criminal activity. Provision is made

for the grant of an interim restraining

order upon the

ex parte

application of

a Garda of the rank of Chief

Superintendent or above or of a

Revenue Commissioner and also for

the ultimate disposal of assets covered

by the Bill. The Bill defines 'organised

crime ' as any crime involving two or

more persons in relation either to

property with a value greater than

£10,000 or to the distribution of

controlled drugs within the meaning

of the Misuse of Drugs Acts 1977 and

1984.

Criminal Justice Act 1994 (Section

44) Regulations 1996 (SI No. 167 of

1996)

These Regulations prescribe a sum of

£5,000 for the purposes of s. 38 of the

Criminal Justice Act 1994.

John Joseph Lloyd v. District Judge

Hogan and Anor (Kelly

J)

31 April

1996

Extradition

warrant requ ired

prisoner to be brought before court -

200

Explosives (Land Mines) Order 1996

(SI No. 175 of 1996)

This Order prohibits the manufacture,

posession, importation into the State,

conveyance or sale by any person of

any land-mine

(d.

Prohibition of Anti–

Personnel Landmines Bill 1996 at'

(1996) 14 ILT 106). The Regulations

came into operation on 13 June 1996.

ELECTIONS

Independent Referendum Com-

mission

Bill

1996

This private member's Bill, as

introduced by Mr Noel Dempsey, TO,

aims to provide for the establishment

of an Independent Referendum

Commission which would have the

function of preparing and presenting

to the electorate information in an

objective, impartial and informative

manner.

European Parliament Elections

Bill

1996

This Bill, as presented by the Minister

for the Environment, aims to amend

and consolidate existing domestic law

relating to the conduct of European

Parliament Elections. Among the

amendments proposed are: a

provision to bring the format of the

ballot paper into line with those used

at Dail elections; the eligibility of the

Attorney General to

~tand

for election

(but not to hold both offices at once if

elected); a reduction in the period for

which election documents are held

from 12 to six months in line with the

practice at Dail elections; and a new

provision whereby leave of the High

Court to present an election petition

must be sought with in seven days of

the declaration of the result of the

election.

.

EMPLOYMENT

Civil Service Regulation (Amend–

ment) Act 1996 (No. 13 of 1996)

This Act was signed by the president

on 16 June 1996. (Cf. (1996) 14 ILT

106.)

Civil Service Regulation (Amend–

ment) Act 1996 (Commencement)

Order 1996 (SI No. 197 of 1996)

This Order brings the Civil Service

Regulation (Amendment) Act 1996

2

AUGUST/SEPTEMt3ER 1996

into operation with effect from 25

June 1996.

Protection of Young Persons (Employ–

ment) Act 1996 (No. 16 of 1996)

This Act was signed by the President

on 26 June 1996. (Cf. (1996) 14 ILT 78.)

Transnational

Information and

Consultation of Employees

Bill

1996

This Bill has been passed by Dail

Eireann. (Cf. (1996) 14 ILT 176.)

Employment Equality

Bill

1996

This Bill, as presented by the minister

for Equality and Law Reform, aims to

make further provision: for the

promotion of eq ual ity between

employed persons; for the prevention

of discrimination in connection with

employment, vocational training and

membership of certain bodies; for the

further app roximation of law s of

Member States (in line with Counci l

Directive 75/117IEEC); for the

prevention of harassment in employ–

ment and in the workplace; for a

change in the name and constitution

of the Employment Equality Agency;

for the repeal of the Anti–

Discrimination (pay) Act 1974 and the

amendment of the Emp loyment

Equality Act 1977; and for related

matters.

ENVIRONMENT

Dumping at Sea Act 1996 (No. 14 of

1996)

This Act was signed by the President

on 19 June 1996. Cf (1995 ) 13 ILT

306.)

Local Government (Water Pollution)

(Amendment) Regulations 1996 (SI

No. 184 of 1996)

These

regulations amend the

provisions of the Local Government

(Water Pollution) Regulationsl97B,

concerning the application of the

standard two month period allowed

for the determination of licence

applications for effluent discharges to

sewers in circumstances where

discharges are made to combined

drains declared to be sewers for the

purposes of the Local Government

(Water Pollution) Acts 1977 and

1992. The Regulations also amend

provisions of the Local Government

(Water Pollution) Regulations 1992,

on the control of discharges to

aquifers in situations where harmful

substances are present in discharges

or materials being disposed of, etc. in

such small quantities as to pose no

risk to the quality of groundwaters.

II<ISH LAW liMES, AU(;USI 1'1%