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GAZETTE
AUGUST/SEPTEMBER
ILT DIGEST
OF LEGISLATION AND REPORTED CASES
Compiled by DAVID BOYLE
ADMINISTRATIVE LAW
Heritage Act 1995 (No. 4 of 1995)
This Act came into effect on its signature
by the President on 10 April 1995. Cf.
(1995) 13 ILT 119.
Ethics in Public Office Bill 1994
This Bill, presented by the Tánaiste and
amended in the Select Committee on
Finance and General Affairs, aims to
provide for the disclosure of interests of
holders of certain public offices
(including members of the Houses of the
Oireachtas) and designated directors of
and persons employed in designated
positions in certain public bodies. It also
aims to provide for the appointment by
each such House of a committee, and
for the establishment of a commission
to investigate contraventions of the
proposed legislation and to establish
guidelines to ensure compliance
therewith. It also aims to provide for the
prohibition of the retention of valuable
gifts by holders of certain public offices
and the amendment of the Prevention of
Corruption Acts 1889 - 1916.
Eugene Dudley v. An Taoiseach, the
Government of Ireland, Dáil Éireann
and the Attorney General
High Court
(Geoghehan J) [1994] 2 ILRM 321
Judicial review - Whether declaratory
relief is obtainable against Dáil Éireann
and the Taoiseach - Whether judicial
review of the conduct of the
government could be granted -
Electoral Act 1923, s. 53 - Electoral Act
1992, s.39(2)
Constitution - Whether there is a
constitutional obligation to hold a by-
election within a reasonable time of a
vacancy occurring - Constitution of
Ireland 1937, Articles 16.7, 40.1
AGRICULTURE
European Communities (Welfare of Calves)
Regulations 1995 (SI No. 90 of 1995)
These Regulations lay down standards
for the protection of calves kept in
intensive or other systems of rearing or
fattening and give effect to Council
Directive No. 91/629/EEC (of 19
November 1991). The Regulations set
down rules for the accomodation of
calves and the conditions to be met by
the owner or person in charge of the
calves to assure their health and
welfare. The Regulations came into
operation on 25 April 1995.
European Communities (Welfare of Pigs)
Regulations 1995 (SI No. 91 of 1995)
These Regulations lay down standards
for the protection of pigs kept in
intensive or other systems of breeding,
rearing or fattening and give effect to
Council Directive No. 91/630/EEC (of
19 November 1991). The Regulations
set down rules for the accomodation of
pigs and the general conditions to be
met to assure their health and welfare.
The Regulations came into operation on
25 April 1995.
COMPETITION
Dermot Donovan and Ors v. Electricity
Supply Board
High Court (Costello ))
[1994] 2 ILRM 325
Abuse of a dominant position -
Monopoly supplier of electrical power -
Electrical contracting services market -
Whether conditions for supply and self-
regulatory body's rules affecting
competition - Restrictions on admission
to trade association - Subsequent
removal of restrictions - Supply of
electrical power to installations covered
by completion certificate - Requirement
that works carried out by non-registered
contractors had to be certified by
inspector employed by the association -
Effect of notification to Competition
Authority - Competition Act 1991, ss. 4,
5, 6, 7 - EC Treaty, Articles 85, 86
CONSTITUTIONAL
Regulation of Information (Services
Outside the State for Termination of
Pregnancies) Act 1995 (No. 5 of 1995)
This Act (see (1995) 13 ILT 90) came into
effect on 12 May 1995 on the President's
signature, and in accordance with the
decision of the Supreme Court in
In Re
the Regulation
of Information
(Services
Outside
the State for Termination
of
Pregnancies) Bill 1995,
Supreme Court,
12 May 1995 (for full text of judgment,
see
Irish Times,
13 May 1995).
fames
Howard
and
Ors
v.
Commissioners of Public Works in
Ireland, Ireland and the Attorney
General
High Court (Lynch ]) [1994]
2
ILRM 301
Separation of powers - Determination
in previous set of proceedings that
Commissioners of Public Works had no
power to develop site as a visitor centre
- Injunction restraining such develop-
ment - Statute subsequently conferring
power on state authorities to engage in
development - Whether an injustice
done to the persons who brought the
original proceedings to restrain the
development - Whether an unconstitu-
tional incursuion by the Oireachtas into
the judicial domain - State Authorities
(Development and Management) Act
1993, ss.2(1), (2), (3) - Constitution of
Ireland 1937, Articles 6, 34, 40, 43
Practice - Order granting injunction
drafted in excessively absolute terms
which failed to take into account
possibility of grounds for injunction
being subsequently removed - Need for
order amending or vacating earlier order
- Inability of a court in a sepatate set of
proceedings to alter order
District Judge Liam Oliver McMenamin
v. Ireland, the Minister for Justice and
the Attorney General
High Court
(Geoghegan j) [1994] 2 ILRM 368
Remuneration of Judges - Duty of State to
make salary and pension arrange-ments for
judges which ensure the independence of
the judiciary - Constitutional duty to
secure pension rights for district judges
which are not irrational or wholly
inequitable - Constitutional obligation to
alter and update mechanism in the light of
changed circumstances if necessary -
Reduction in amount of pension payable
to district judges designed to meet costs of
retirement and death gratuities - Changed
circumstances resulting in disparity
between the benefit received by way
of gratuity and the amount lost by way
of reduction in pension - Courts
(Supplemental Provisions) Act 1961 -
Courts of Justice and Court Officers
(Superannuation) Act 1961, s.2 -
Constitution of Ireland 1937, Articles
35, 36
Equality - Difference between Circuit
Court judges and District Court judges
regarding number of years service
required in order to qualify for full
pension - Whether unfair discrimination
- Whether inequality between judges as
human persons - Constitution of Ireland
1937, Article 40.1
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