459 / 736
first volume covered the cases reported in the
period from 1949-1958, and this volume covers
the same cases, taken from the Irish Reports,
the Northern Ireland Reports,
the Irish Law
Times Reports and
the
Irish Jurist Reports,
within the years 1959-1968.
In the first volume, the learned author had
already shown in a masterful way how he could
arrive at the pith of a decision in a very few
words, and he has continued to reveal the brief
substance of every decision in this volume. It
would not do justice to the book to say that it is
merely useful — for it is realised that Professor
Ryan must have spent many hours undreamt of
by practitioners to read all the judgments which
have been noted and
to summarise
them
so
pithily. As
the official digest covering 1959-
1968 is unlikely to be published for several years,
Professor Ryan's notes are absolutely indispensable
for any practitioner who wishes to keep abreast
of recent Irish reported decisions.
The learned
author deserves the highest commendation for his
industry and erudition.
CURRENT LAW DIGEST
SELECTED
Constitution
No Expert qualifications required for nomination
to
Senate Panel —
By Art. 18 (10) of the Constitution, elections of the
elected members of the Senate shall be regulated by
law. It was submitted that this means the Oireachtas
can choose
the procedure, and has done
so
in
the
Seanad Electoral (Panel Members) Act 1947. Pringle
J. held that S. 38 of that Act does not deprive persons
who have not been nominated to any panel for having
their qualifications for nomination to a particular panel
decided bv the Hieh Court. The two applicants have
the necessary qualifications
to applv
for either
the
Labour Panel or the Cultural and Educational Panel,
or the Administrations Panel, Drovided thev obtain the
support of four Deputies or Senators. Mr. Smyth, the
Senate Returning Officer,
ruled
that their qualifica
tions were not sufficient to entitle them to be nominated
to
the Labour Panel. The applicants
then sought
a
declaration from
the Hieh Court to determine
their
<*l'fi;ih; l>t" or otherwise. The only qualification required
for the Labour Panel is knowledge and practical ex
perience of labour whether organised or unorganised.
Pringle J. held that the qualifications for each Panel are
prima facie
intended to be different, and Labour in
volves
knowledge
and
experience
in
the
field
of
Labour Relations acquired by a Trade Union Officer.
It is
to be noted that the words "special knowledge",
is not used—the only
requirement
is
a
reasonable
amount of practical experience in dealing with prob
lems. Pringle J. having examined in detail the quali
fications of the two primary teacher applicants, granted
the declaration
that each applicant has proper and
appropriate qualifications for nomination on the Labour
panel.
(In
re Seanad Electoral Panal Members Acts—
Ormonde and Dolan
v.
Smyth
and
the Attorney-
General Pringle J.—9th July (1969).
Scheme under Arterial Drainage Act must be suffi
ciently detailed for owners to put forward considered
objections
Plaintiffs, owners of 1,300 acres of Adare Estate.
The purpose of the Arterial Drainage Act 1945 was
to make provision for improvement of land by means
of works of arterial drainage; however power was given
for compulsory acquisition of land, and for compulsory
execution of works. Section 4, authorises the Board of
Works
to prepare an Arterial Drainage Scheme, and
to make preliminary surveys;
the lands drained and
drainage works proposed to be affected must be clearly
shown, as well as all consequential changes. Section 6
authorises the Board to give notice to persons whose
lands are affected, stating where a copy of the scheme
may be inspected, and what is proposed to be com-
pulsorily acquired. The person affected may, within
one month of receiving the notice, send to the Board all
relevant observations
in
relation
thereto. Section
7
empowers the Board to consider these observations, but,
if
the Board does not accede
to
them,
it ultimately
submits to the scheme to the Minister for Finance, who
sanctions
it. The Minister's sanction has
the effect
of giving
the Board power to execute
the drainage
works contemplated, and to enter on any land neces
sary, or to interfere with any land necessary to execute
the scheme, and to acquire any land cumpulsorily if
deemed necessary, or to interfere with any land, or to
terminate any easements, or to divert any roads or
bridges, before compensation
is
ascertained. B" Sec
tion 12, the scheme mav be amended bv allowing the
Board to acquire compulsorily or interfere with lands
not mentioned in the original scheme.
The Plaintiffs received 32 notices. They complain
that no details of the height or width of the embank
ment of the Maiguc River was given; as regards the
weirs
the wording was
too broad
to specify what
works would be undertaken. The Plaintiffs submit that
the right to make observations is ineffective unless the
particulars of
the
scheme made bv
the Board are
sufficiently detailed. The Board contends it would ba
impossible
to give details as unusual difficulties may
be encountered in carrying out the purpose of the Act
to diminish excessive
flooding by providing arterial
drainage.
However the President held that any owner of land
is entitled to have regard to his own interests when the
effects of legislation is being considered. Therefore the
scheme of the legislation must be such as to enable a
private owner
to submit for consideration a genuine
criticism of the Scheme. The Board and the Minister
should not overrate the matter out of hand, but give
due weight to all views expressed. It follows that the
scheme should be sufficiently detailed to enable a person
affected
to offer considered objections. The
scheme
should cnotain a reasonably accurate account of what
is proposed. The compansation provisions in
the Act
before an arbitrator reinforce
this view. Accordingly
the declaration sought by the Plaintiff as to the invali-