The Gazette 1996

438 / 448

GAZETTE AUGUST/SEPTEMBER 1996
Access to Information on the
Environment Regulations 1996 (SI
No. 185 of 1996)
These Regulations set out the
procedures for public access to
information relating to the environ-
ment held by public authorities in
accordance with the provisions of
Council Directive 90/31 3/EEC on the
Freedom of Access to Information on
the Environment. They also provide
certain grounds for refusal of
information and establish other
procedures relevant to the processing
of requests by public authorities. The
Regulations came into operation on
22 July 1996.
Waste Management Act 1996
(Commencement) Order 1996 (SI
No. 192 of 1996)
This Order brought the Waste
Managemant Act 1996 into operation
with effect from 1 July 1996 with the
exception of ss. 6(2), 32(2), 57 and 58.
FAMILY
Family Law (Divorce) Bill 1996
This Bill, as presented by the Minister
for Equality and Law Reform, aims to
give legislative effect to the Fifteenth
Amendment to the Constitution (cf.
(1995) 13 ILT 280 and supra at
CONSTITUTIONAL). It sets out the
intended machinery whereby
individuals may seek a decree of
divorce from either the Circuit or High
Court and also aims to enable the
court to make financial, property and
other ancillary orders following the
grant of a decree of divorce.
O'M. (M.) (otherwise O'C. (M.)) v.
O'C. (B.) (Supreme Court 18 April
1996
Family law - nullity - capability to
enter into normal relationship -
informed consent - subjective test -
failure to tell spouse of visits to
psychiatrist before marriage - not
informed consent - marriage null and
void
HEALTH AND SAFETY
National Standards Authority of
Ireland Bill 1996
This Bill has been passed by Dail
Eireann. (Cf. (1996) 14 ILT 1 30.)
HEALTH SERVICES
Health (Amendment) Act 1996 (No.
15 of 1996)
This Act was signed by the President
on 26 June 1996. (Cf. (1996) 14 ILT
152.)
Health (Amendment) (No. 2) Bill
1996
This Bill, initiated by Senator Maurice
Manning, has been passed by Dail
Éireann. It aims to enhance the
powers of the Minister for Health
under s. 76 of the Health Act 1970
(dealing with the amendment by order
of a hospital charter) in circumstances
of any reorganisation or extension of
the provision of hospital services. The
immediate purpose of the Bill is to
attempt to facilitate the provision of
the necessary statutory basis for the
establishment of the governing body
of the new Tallaght Hospital.
INTELLECTUAL PROPERTY
Trade Marks Act 1996 (Commence-
ment) Order 1996 (SI No. 198 of
1996)
This Order brought the Trade Marks
Act 1996 into operation with effect
from 1 July 1996.
Trade Marks Rules 1996 (SI No. 199
of 1996)
These Rules set out the fees and
application and registration proc-
edures under the Trade Marks Act
1996. The Rules came into operation
on 1 July 1996.
LOCAL GOVERNMENT
Local Government Act 1994
(Commencement) Order 1996 (SI
No. 191 of 1996)
This Order brings s. 63 of the Local
Government Act 1994 into operation
with effect from 24 June 1996. The
section relates to electoral divisions.
PRACTICE AND PROCEDURE
Radiac Abrasives Inc. v. Thomas A.
Prendergast and Ors (Barron J)13
March 1996
Discovery - failure to make full
discovery - condition as to
confidentiality imposed - discovery
by files rather than documents -
documents which had existed not
discovered - situations of deliberate
concealment of documents and
further and better discovery
contrasted - whether defence should
be struck out for failure to make
proper discovery - whether affording
an opportunity to place a full affidavit
of discovery before the court more
appropriate
Tony McDonnell v. Ireland, the
Attorney General, the Minister for
Communications and An Post
(Carroll J) 16 January 1996
Plaintiff lost his job as civil servant in
postal service on conviction of a
scheduled offence - application for
reinstatement refused - application to
An Post for position on its institution
similarly refused - legislation under
which plaintiff lost his job sub-
sequently declared unconstitutional -
proceedings issued 16 years after job
forfeited seeking damages and
declarations - whether action con-
cerning breach of constitutional rights
could be statute barred - whether An
Post were under any obligation to
employ plainitff - Offences Against
the State Act 1939, s. 34 - Statute of
Limitations 1957, s. 11(2) - Postal and
Telecommunications Services Act
1983, s. 45 - Postal and Tele-
communications Service (Amend-
ment) Act 1984, s. 2
Mary Pitt v. James Bolger and Anor
(Keane J) 2 February 1996
Security for costs - European Union -
proceedings brought by plaintiff in
this jurisdiction - plenary summons
stating plaintiff resided in Isle of Man
- plaintiff full owner of property in
England - plaintiff residing part of the
time in England and remainder in Isle
of Man - plaintiff a citizen of the
United Kingdom - defendant seeking
security for costs order - plaintiff not
resident in contracting state for
purposes of 1968 Convention -
whether defendant had defence upon
the merits - discretion of court in
ordering security - whether security
should be ordered - Rules of the
Superior Courts 1986, O. 29 -
Convention on the jurisdiction and
Enforcement of Judgments in Civil and
Commercial Matters 1968
Jurisdiction of Courts and
Enforcement of Judgments (European
Communities) Act 1988 - European
Economic Communities Treaty, art. 7
Director of Public Prosecutions v.
Judge Liam O. McMenamin and Anor
(Barron J) 23 March 1996
Criminal law - Book of Evidence -
statements to be included
statements of persons not to be called
at trial not included - case adjourned
to enable fresh book of evidence to be
served - judicial review by state -
only necessary to include statements
by those to be called at trial -
Criminal Procedure Act 1967, Part II
James Stafford v. Revenue
Commissioners (Supreme Court) 27
March 1996
Discovery - appeal from Master to
High Court to Supreme Court -
principles to be applied when
IRISH LAW TIMKS, AUCiUSI l l»% 3 201