The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

ADMINISTRATIVE LAW

Heritage Bill 1994

This Bill was passed by both Houses of the

Oireachtas on 29 March 1995 (cf. (1995)

13 ILT 90).

European Communities (Award of

Contracts by Entities Operating in the

Water, Energy, Transport and Tele-

communications Sectors) Regulations

1995 (SI No. 51 of 1995)

These Regulations relate to EEC Council

Directive 93/38/EEC which governs the

procedures for the procurement of sup-

plies, works (both building and civil engi-

neering) and services, by certain entities

operating in the water, energy, transport

and telecommunications sectors. In gen-

eral, the procedures must be followed

when the contract value exceeds the rele-

vant thresholds in the Directive.

AGRICULTURE

European Communities (Introduction of

Organisms Harmful to Plants or Plant

Products) (Prohibition) (Amendment)

Regulations 1995 (SI No. 50 of 1995)

These Regulations implement the provi-

sions of Commission Directive 94/61/EC

(of 15 December 1992) which extends the

period of provisional recognition of cer-

tain protected zones of the Community to

1 July 1995, and corrects an error which

occurs in the European Communities

(Introduction of Organisms Harmful to

Plants or Plant Products) (Prohibition)

(Amendment) Regulations 1993 (SI No.

408 of 1993).

COMMERCIAL

Minerals Development Bill 1995

This Bill, as presented by the Minister for

Transport, Energy and Communications

on 9 March 1995, aims to make express

statutory provision for the renewal of min-

erals prospecting licences and validate

licences renewed to date since the enact-

ment of the Minerals Development Act

1940, in effect to give statutory cover for

the

status quo.

It also seeks to secure

recoupment of the costs of the Minister for

Transport, Energy and Communications in

considering applications for State mining

leases or licences or undertakings under

the Minerals Development Acts 1940 -

1979, whether or not the applications are

successful. Further, the penalties for

offences under the 1940 Act are increased

and made applicable to bodies corporate.

CONSTITUTIONAL

Freedom of Information Bill 1995

This private member's Bill, presented by

Senator Dick Roche, aims to provide for

public access to documents concerning

decisions or actions taken by a public

institution, subject to certain exceptions.

CRIMINAL

Criminal Law (Incest Proceedings) (No. 2)

Bill 1995

This Bill, presented by Senator Maurice

Manning, aims to address the immediate

problems arising from the rulings of 1 and

17 February 1995 of the Central Criminal

Court and, in particular, the ruling that s.5

of the Punishment of Incest Act 1908 pre-

cludes the revelation of the verdict and

sentence (if any) in a case of incest. It is

understood that the Criminal Law (Incest

Proceedings) Bill 1995 (cf. (1995) 13 ILT

90), which has broadly the same effect as

the present Bill, is to be withdrawn and

that the present Bill, originating in the

Senate, is the one which the government

intends to pursue.

Criminal Justice Act 1994 (Commence-

ment) Order 1995 (SI No. 55 of 1995)

This Order brought s.32(10) of the

Criminal Justice Act 1994 into operation

on 6 March 1995. The remainder of s.32

together with ss.57 and 58(2) were

brought into operation on 2 May 1995.

Director of Public Prosecutions v. Barry

Byrne:

Supreme Court (Finlay CJ,

O'Flaherty, Egan, Blayney and Denham

JJ) [1994] 2 ILRM 91

Summary offence - Prosecution -

Dismissal of charge - Delay before trial -

Whether such delay excessive - Whether

such delay in breach of Article 38.1 of the

Constitution - Whether delay without

prejudice is ground for dismissal of charge

- Constitution of Ireland 1937, Article

38.1

People (Director of Public Prosecutions)

v. John McKeever:

Court of Criminal

Appeal (O'Flaherty, Lynch and Denham

||) [1994] 2 ILRM 186

Trial - Conviction - Application for leave

to appeal against conviction and severity

of sentence - Whether transcript of trial

accurate - Whether manner in which

majority verdict reached flawed -

Whether failure to record all conversa-

tions with applicant amounted to a breach

of Judges' Rules - Whether re-arrest imme-

diately after release lawful - Courts of

Justice Act 1924, s.33 - Criminal Justice

Act 1984, s.10(3)

Kieran Grennan v. District Judge Brian

Kirby and the Director of Public

Prosecutions:

High Court (Murphy ))

[1994] 2 ILRM 199

Procedure -

Autrefois acquit-

Grounds

which applicant's conviction quashed -

Action of district judge of such a nature as

to deprive him of jurisdiction to enter

upon hearing of matter

Judicial review -

Certiorari -

Whether

applicant in jeopardy of conviction or trial

a nullity from outset - Whether applicant

could plead

autrefois acquit

where con-

viction quashed by

certiorari -

Whether

matter should be remitted to District

Court

Director of Public Prosecutions v.

William Logan:

Supreme Court (Finlay CJ,

Egan and Blayney JJ) [1994] 2 ILRM 229

Assault contrary to common law -

Offence capable of being prosecuted sum-

marily or on indictment - Whether dis-

pensation from six-month time limit per-

taining to summary prosecution of an

indictable offence applied - Petty Sessions

(Ireland) Act 1851, s.10(4) - Offences

Against the Person Act 1861, ss.42, 46, 47

- Courts of Justice Act 1924, s.77 -

Criminal Justice Act 1951, ss.2, 7, 11.

CONSUMER

Consumer Credit Bill 1994

This Bill, as amended in the Select

Committee on Enterprise and Economic

Strategy, aims to revise and extend the law

relating to consumer credit, hire-purchas-

ing, hiring and moneylending and to

enable effect to be given to Council

Directive 87/102/EEC (of 22 December

1986) as amended by Council Directive

90/88/EEC (of 22 February 1990). To this

end, it would repeal the Hire-Purchase

Acts 1946 - 1980 and the Moneylenders

Acts 1900 - 1989, repeal and amend cer-

tain provisions of the Sale of Goods and

Supply of Services Act 1980 and amend

and extend the Pawnbrokers Act 1964.

The Bill would provide that the Director of