The Gazette 1961

grounds for believing that an offence under the

act has been committed, require the owner of the

vehicle to state whether or not he was using the

vehicle at the material time.

If the owner states

that he was not using the vehicle, he must give

such information as may be required of him, as to

the identity of the person who was using the

vehicle. Furthermore, any other person shall, if

so required, "give any information which it is in

his power to give, and which may lead to the

identification of the person who was actually using

the vehicle at the material time". Any person

failing to give the required information will be

guilty of an offence under the Section.

Section 124, which provides that a disqualifica–

tion from holding a driving licence shall not be

capable of being remitted under Section 23 of the

Criminal Justice Act, 1951.

The following sections also contain important new

matter and should not be overlooked.

Section 104 (containing new provisions relating

to the Statutory Notice of intention to prosecute).

Section 106

(containing provisions enabling

members of the Garda Siochana, under warrant,

to enter and search premises and seize a vehicle).

Section 112 (offence of taking a vehicle without

authority extended to include the taking of a pedal-

cycle).

Section 103 (providing that the minister may

make regulations which will bring in a system of

fines for specified offences without the necessity of

a court prosecution).

Section

(consequential

disqualification

orders).

Sections 44-47 (speed limits).

The Act is on sale at the Government Publications

Sales Office, Henry Street Arcade, Dublin. Price 4/-

Net.

DEFAMATION ACT, 1961

CIVIL LIABILITY ACT, 1961

COURTS (ESTABLISHMENT) ACT, 1961

COURTS (SUPPLEMENTAL

PROVISIONS) ACT, 1961

Members should note

that all of the above

mentioned Acts have now become law. The two

Courts Acts will be brought into operation on a day

to be appointed by the Minister for Justice. The

Civil Liability Act, 1961, came into force on the day

it was signed by the President i.e. the I4th of

August, 1961. The Defamation Act, 1961, only

comes into force on the ist January, 1962.

HOLIDAYS

(EMPLOYEES) ACT,

1961

It is to be noted that this Act repeals the Holidays

(Employees) Act, 1939 and entitles clerical and

industrial employees to two weeks holiday with pay

in respect of every year they have been employed by

a firm. Copies may be obtained from the Govern–

ment Publications

Sales Office, Henry Street

Arcade, Dublin.

CLOSING OF LIBRARY DURING

HOLIDAYS

The Library will be closed for reading from

Wednesday, the 23rd August 1961, at 5p.m. until

Wednesday, the 6th September, at 10 a.m., and from

Friday, ijth September, at 5p.m. until Monday,

and October 1961, at 10 a.m. Members requiring

books urgently should apply to the Office.

THE TREATY OF ROME

Arising from Ireland's application to become a

member of the European Economic Community,

the following are the provisions as to the right of

establishment and free supply of services.

Principles

Article

The activities of the community shall include

under the conditions and with the timing provided

for in this Treaty, the abolition as between member

States, of the obstacles to the free movement of

persons, services and capital.

The Right of Establishment

Article

52.

Within the framework of the provisions set out

below, restrictions on the freedom of establishment

of nationals of a Member State in the territory of

another Member State

shall be progressively

abolished in the course of the transitional period.

Such progressive abolition shall also extend

restrictions on the setting-up of agencies, branches

or subsidiaries by nationals of any Member States

established in the territory of any Member State.

Freedom of establishment shall include the right

to engage

in and

carry on non-wage-earning

activities, and also to set up and manage enterprises

and, in particular, companies within the meaning

of Article 5 8, second paragraph, under the conditions

laid down by the law of the country of establishment

for its own nationals, subject to the provisions of the

Chapter relating to capital.