The Gazette 1995

GAZETTE

JULY 1991:

Separation of powers - Refusal by

court

declare

enactment

unconstitutional - Declaration as to

breach by State of its constitutional

obligations - Need for legislation to

remedy breach - Inability of court to

require the introduction of legislation

which would remedy breach

feremiah Anthony Cahalane v. His

Honour fudge Anthony J Murphy and

the Director of Public Prosecutions

Supreme Court (Finlay CJ, O'Flaherty,

Egan, Blayney and Denham JJ) [1994] 2

ILRM 383

Trial of offences - Trial in due course of

law - Judicial Review - Offences against

the Revenue - Preparation of charges -

delay in charging the applicant and

returning for trial - Whether delay

excessive

and

unconscionable

Prejudice - Death of potential witnesses -

Hardship caused by revocation of licence

to carry on business - Constitution of

Ireland 1937, Articles 38, 40 - Finance

Act 1983, ss.92(2)(4), 94(2)(a)(d)(e), 95(5)

- Finance Act 1988, s.9(1)

CONSUMER

The

Package Holidays and travel Trade

Bill 1995

has been amended in the

Select Committee on Enterprise and

economic Strategy. Cf. (1995) 13 ILT 90.

CONTRACT

Declan Kelly v. Cruise Catering Ltd and

Supreme Court (O'Flaherty, Egan

and Blayney J|) [1994] 2 ILRM 394

Postal rule - Contract made by post

between plaintiff who was in Ireland and

company in Norway - Place where

contract was made - Contract signed by

plaintiff and posted in Ireland to company

in Norway - Whether acceptance

complete when put in post box

Practice - Procedure - Action for

breach of Contract - Application to

serve originating summons out of the

jurisdiction - Whether Ireland was

place where contract was made -

Forum

non conveniens

- Comparitive

cost and convenience of proceedings in

this jurisdiction as to opposed to place

of defendant's residence - Rules of the

Superior Courts 1986, 0.11, r.1(e)(i),

0.11, r.2

CRIMINAL

The

Criminal Law (Incest Proceed-

ingsMNo. 2) Bill 1995

was passed by

Seanad Eireann on 27 April 1995. Cf.

fl995) 13 ILT 118

Transfer of Sentenced Persons Bill 1995

This Bill, as presented by the Minister

for Justice, aims to provide for the

transfer between the State and places

outside the State of persons for the time

being detained in prisons, hospitals or

other institutions under orders made in

the course of the exercise by courts and

tribunals of their criminal jurisdiction.

The enactment of the Bill will allow the

State to ratify the European Convention

on the Transfer of Sentenced Persons

(1983) and to give effect to the

Agreement on the Application among

Member States of the European

Communities of the Council of Europe

Convention (1987).

Criminal Law (Bail) Bill 1995

This private member's Bill, introduced

by Mr John O'Donoghue, TD, aims to

regulate the law regarding the

admission of accused persons to bail

and to provide for the duties and

responsibilities of bailspersons.

H v. Director of Public Prosecutions and

the Commissioner of An Garda Síochána

Supreme Court (O'Flaherty, Egan and

Denham |j) [1994] 2 ILRM 285

Judicial review -

Mandamus -

Director

of Public Prosecutions - Failure to initiate

prosecution - Whether discretion

reviewable - Grounds of review -

Whether private citizen can compel

Director to provide reasons for failure to

initiate prosecution - Whether director

obliged to provide witness statements

and documents to facilitate private

prosecution

EMPLOYMENT

Adoptive Leave Act 1995 (No. 2 of 1995)

This Act is now in force with effect from

20 March 1995. Cf. (1995) 13 ILT 91

and (1995) 13 ILT 119.

ENVIRONMENT

Environmental Protection Agency

( L i c en s i ng ) ( Amendmen t ) ( No . 2)

Regulations 1995. (SI No. 76 of 1995)

These Regulations amend article 23 of

the Environmental Protection Agency

(Licensing) Regulations 1994 to provide

for the availability for inspection or

purchase of documents related to

applications for licences, revised

licences or review of licences. The

Regulations also require that any

written report by or for the Agency for

the purposes of a licence determination

or decision will also be made available

for inspection or purchase, over an

extended period, following the making

of the determination or decision.

EUROPEAN COMMUNITIES

European Communities (Amendment)

Bill 1995

This Bill, as presented by Senator

Maurice Manning, aims to amend s.4 of

the European Communities Act 1972 in

order to reflect the decision to establish

the Joint Committee on European Affairs

by transferring the Statutory functions

exercised by the Joint Committee on

Foreign Affairs in relation to the

supervision of EC secondary legislation to

the Joint Committee on European Affairs.

Ailish Young v. Pharmaceutical Society

of Ireland, the Minister for Health,

Ireland and the Attorney General

High

Court (Murphy )) [1994] 2 ILRM 262

EEC Treaty - Freedom of establishment -

Recognition of pharmacy qualifications -

Directive

planning

limitation on

recognition of qualifications in order to

prevent influx of pharmacists from

member states where geographical

distribution licensing systems operate

into member states where there are no

such rules - Registration of person who

obtained

recognised

pharmacy

qualifications in another member state -

Regulations implementing directive -

Registration did not entitle such a person

to act as a pharmacist in respect of a

pharmacy which had been in operation

for less than three years - Whether

limitation permitted by directive -

Whether limitation inconsistent with

right of establishment - Directive making

it easier for persons to take up and

pursue activities of self-employed

persons - Limitation on facility rather

than basic right of establishment -

Pharmacy Act (Ireland) 1875, ss. 22A, 30

- Pharmacy Act 1962, s. 2(3A) - EEC

Treaty 1957, Articles 54, 54, 57 -

Council

Directive

85/433/EEC

European Communities (Recognition of

Qualifications in Pharmacy) Regulations

1987 - European Communities (Recog-

nition of Qualifications in Pharmacy)

Regulations 1991

HEALTH AND SAFETY

European Communities

(Efficency

Requirements for New Hot Water

Boilers Fired with Liquid or Gaseous

Fuels)(Amendment) Regulations 1995

(SI No. 72 of 1995)

The purpose of these Regulations is to

give legal effect to Council Directive

93/68/EEC (of 22 July 1993) insofar as it

relates to Council Directive 92/42/EEC

(of 21 May 1992) on efficency

requirements for new hot water boilers

fired with liquid or gaseous fuels. They

amend the European Communities