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Statutory Instruments
Offences Against The Person Act, 1861 (Section 9),
Adaptation Order, 1973. S.I. No. 356 of 1973.
The Government, in exercise of the powers conferred
on them by Section 12 of the Adaptation of Enactments
Act, 1922 (No. 2 of 1922) (as adapted in consequence of
the enactment of the Constitution), and Section 5 of the
Constitution (Consequential Provisions) Act, 1937 (No.
40of 1937), hereby order as follows :
(1) This order may be cited as the Offences against
the Person Act, 1861 (Section 9), Adaptation Order,
1973.
(2) The Interpretation Act, 1937 (No. 38 of 1937),
applies to this order.
(3) Section 9 of the Offences against the Person Act,
1861, shall be construed and have effect as i f:
(a) the reference to land out of the United Kingdom,
whether within the Queen's dominions or without,
were a reference to land outside the area of appli-
cation of the laws of the State,
(b) the reference to a subject of Her Majesty were a
reference to a citizen of Ireland and the reference
to any subject of Her Majesty were a reference to
any citizen of Ireland, and
(c) the first reference to England and Ireland were a
reference to the area of application of the laws of
the State.
Given under the official seal of the Government, this
20th day of December, 1973.
Liam Cosgrave (Taoiseach)
Explanatory Note—
To enable Section 9 of the Offences against the Per-
son Act, 1861 (which applies in the State), to have full
force and effect, this order adapts certain expressions in
the section.
Section 9 of the Offences against the Person Act,
1861, provides that where any murder is committed by
any subject of Her Majesty on land out of the United
Kingdom, whether within the Queen's dominions or
without, and whether the person killed is the subject of
Her Majesty or not, then the offence may be dealt with
in all respects as if it had been committed in England
in any county or place where the suspected person is
apprehended or is in custody.
Notice of the making of this Statutory Instrument
was published in
Iris Oifigiúil
on 4th January 1974.
Social Welfare (Contributions) (Amendment) Regula-
tions, 1974. S.I. No. 300 of 1974.
Increased rates of social insurance contributions
came into effect from 1 July, 1974. These Regulations
determine the amounts of the increased contributions
paid in respect of retirement pension to be returned
to a person who entered insurance after the age of
fifty-five years and who was not insured before that
age under the former National Health Insurance Act.
The Regulations also determine the amounts paid in
respect of old age (contributory) pension to be
returned to a person who had not similarly entered
insurance before the age of sixty years.
Marriages Act, 1972 (Commencement) Order, 1974.
S.I. No. 324 of 1974.
This Order brings into operation Sections 1, 7 and
18 of the Marriages Act, 1972, with effect from 1st
January, 1975.
Section 1 prohibits the marriage of either males or
females under 16 years of age, save with the exclusive
consent
in camera
of the President of the High Court.
Section
7
prohibits the marriage of either males
or females under 21 years of age save with the joint
consent of the parents, or the sole consent of a
guardian. If a guardian does not exist, or is difficult
to trace, then the consent of the President of the
High Court
in camera
is required.
Section 18 provides that the Minister for Health
may by regulations substitute a lower age than 21
years in respect of a marriage in which consent is
required.
Prosecution of Offences Act, (Section 2) Regulations,
1974. S.I. No. 304 of 1974.
These Regulations set out the procedures to be
adopted by the Committee which has been established
to select candidates for appointment to the Office of
Director of Public Prosecutions and deal with related
matters.
The Rules of the Superior Courts (No. 1) of 1975.
S.I. No. 15 of 1975.
These Rules provide that, in the case of any High
Court proceedings which the parties are entitled as
of right to have tried with a jury, notice of trial at
Cork, Limerick, Galway, Sligo, Dundalk or Kilkenny
may be served without obtaining the leave of the
Court, if both parties so consent.
Rathfarnham Courthouse condemned
The Rathfarnham courthouse's over-crowded condi-
tions were condemned as an absolute disgrace on 13th
May 1974 by
District Justice
T. P.
O'Reilly
and he
said: "The people responsible for it should attend to it
or get out of office."
He added that it was absolutely deplorable that in
the year 1974, over 50 years after we have gained
independence, that people had to stand at adjoining
toilets waiting for the cases to be called.
The court house, he said, was always overcrowded.
The windows needed to be open for ventilation, but
these were situated right beside the traffic. Solicitors
had to consult their clients on the footpath outside,
and Gardai were forced to stand on the roadway wait-
ing for cases to be called.
Rathfarnham court house had no consulting rooms,
no waiting rooms and inadequate parking spaoe. The
court clerk worked under very bad conditions and he
should take the matter up with his Department, said the
justice.
He added : "Someone should take note of what goes
for the dispensation of justice in Rathfarnham." People
who stood waiting in the courthouse were serving their
sentences before they were ever dealt with by the court."
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