The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

ILT DIGEST

OF LEGISLATION AND REPORTED CASES

Compiled by DAVID BOYLE

[In this issue, we begin a new-style ILT Digest,

which incorporates a number of different ele-

ments from previous regular features as well as

new material not previously covered in the ILT.

This new format ILT Digest will include cover-

age of all legislation, whether Bills, Acts or

statutory instruments as well as reported deci-

sions of the superior courts. - ed.)

ADMINISTRATIVE LAW

Heritage Bill 1994

This Bill, the title of which has been

amended in Committee from the Herit-

age Council Bill 1994, aims to establish a

body to be known as An Chomhairle

Oidhreachta. The purpose of this body

will be to promote public interest in and

knowledge of the national heritage which

shall include architectural heritage, flora,

fauna, wildlife habitats, landscapes, sea-

scapes, wrecks, geology, heritage gar-

dens and parks and inland waterways.

The Bill provides for the establishment

and composition of this body and pro-

vides for the exercise by the Minister for

Arts, Culture and the Gaeltacht of func-

tions in relation to the national heritage.

Ministers and Secretaries (Amendment)

Act 1995 (No. 1 of 1995)

This Act, passed on 27 January 1995,

amends the Ministers and Secretaries

(Amendment) (No. 2) Act 1977 (as

amended in 1980) by providing for an

increase in the maximum number of per-

sons who may be appointed by the Gov-

ernment to be Ministers of State at De-

partments of State from 15 to 17.

CONSTITUTIONAL LAW

Regulation of Information (Services

Outside State for Termination of Preg-

nancies) Bill 1995

This Bill, as presented by the Minister for

Health on 22 February 1995, aims to specify

the conditions under which certain infor-

mation about pregnancy termination serv-

ices outside the State may be made avail-

able in the State. It arises from the Four-

teenth Amendment to the Constitution,

which affirms the right to obtain or make

available such information subject to such

conditions as may be laid down by law.

The Bill aims to provided that pregnant

women who seek such information from

doctors or other pregnancy counsellors

receive it only in the context of full coun-

selling on all of the available options,

without any advocacy or promotion of

abortion. The Bill only applies to informa-

tion about pregnancy termination services

(or their providers) outside the State which

would be required by women in order to

avail themselves of these services. Such

information may not be provided in a

notice in a public place or in a book, film,

document or recording distributed with-

out solicitation by the recipients. Informa-

tion of a more general nature about abor-

tion is not restricted. The Bill has been

referred to the Supreme Court by the Presi-

dent under Article 26 of the Constitution.

CRIMINAL

Contempt Bill 1995 [Private Member's

Bill]

This Bill, as presented byMrWillie O'Dea,

TD, aims to provide that a person shall

not be guilty of contempt of court or of

any other offence for refusing to disclose

the source of information contained in

any publication for which he is responsi-

ble unless it is established to the satisfac-

tion of the court or tribunal in question

that such disclosure is necessary to pro-

tect and vindicate the constitutional right

of the individual or to protect the security

of the State.

Proceeds of Crime Bill 1995 [Private

Member's Bill]

This Bill, as introduced by Mr John

O'Donoghue, TD aims to provide for the

freezing and recovery of the proceeds of

suspected, specified criminal activity and

creates related criminal offences.

Criminal Law (Sexual Offences) Bill 1995

[Private Member's Bill]

This Bill, as introduced by Senator Cathy

Horan, aims to extend the provisions of

the Criminal Law (Rape) Act 1981 (as

amended) to the prosecution and trial of

offences concerning incest (under the

Punishment of Incest Act 1908) and car-

nal knowledge of under-age females (con-

trary to the Criminal Law Amendment

Act 1935). [See now Criminal Law (Incest

Procedings) Bill 1995, below].

Criminal Law (Sexual Offences) (No. 2)

Bill 1995

This Bill, as introduced by Mr John

O'Donoghue, TD, aims to permit

bona

fide

members of the press to attend at

proceedings for offences contrary to the

Punishment of Incest Act 1908. [See now

380

Criminal Law (Incest Procedings) Bill

1995, below).

Criminal Law (Incest Proceedings) Bill

1995

This Bill, as presented by the Minister for

justice on 1 March 1995, aims to reverse

the effect of the decisions of the Central

Criminal Court on 1 and 17 February

1995 holding that s.5 of the Punishment

of Incest Act 1908 precludes the revela-

tion of the verdict and sentence (if any) in

a case of incest.

People (Director of Public Prosecutions)

v Brendan Hogan. Court of Criminal

Appeal 1992 (O'Flaherty, Geoghan and

Kinlen JJ) 12 January 1994. [1994] 2

ILRM 74

Accomplice evidence - Trial judge's

charge to the jury - Warning as to danger

of convicting an accused on basis of

uncorroborated evidence of accomplice

- Nature of corroboration required -

Whether trial judge's direction to jury

was defective given failure to set out

reasons why accomplice evidence had to

be treated with caution by a jury - Fact

that accomplice had received reduction

in sentence known to jury.

Christopher O'Connell v Director of

Public Prosecutions and the Hon. Mr

Justice Spain. Supreme Court (Finlay CJ,

Blayney and Denham JJ) [1994] 2 ILRM

Preliminary examination - Discharge of

accused by district judge in respect of

offences expressed to be in contraven-

tion of regulations which had been re-

pealed - Accused sent forward in respect

of remaining charge - Addition of further

charges to indictment by DPP - Two

charges expressed to be in contravention

of current regulations which replaced the

regulations which had been repealed -

Whether interference with judicial deter-

mination-Criminal Procedure Act 1967,

S.8(2), 18.

CONSUMER

Package Holidays and Travel Trade Bill

1995

This Bill, as presented by the Minister for

Transport, Energy and Communications

on 10 February 1995, aims to give effect

to EC Directive 90/314/EEC (of 13 June

1990) on package holidays, package

travel and package tours. The purpose of