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GAZETTE
AUGUST/SEPTEMBER 1995
ILT DIGEST
OF LEGISLATION AND REPORTED CASES
Compiled by DAVID BOYLE
ADMINISTRATIVE LAW
Harbours Bill 1995
This Bill, as presented by the Minister
for the Marine, aims to provide for the
setting up of State commercial
companies to manage $nd operate the
ports of Arklow, Cork, Drogheda,
Dublin, Foynes, Galway, New Ross,
Shannon, Waterford and Wicklow.
These ports are, at present, managed
by harbour authorities in accordance
with the Harbours Act 1946. The Bill
further aims to provide for the setting
up of a State commercial company to
manage and operate Dun Laoghaire
harbour which is, at present, managed
by the Department of the Marine. The
Bill also aims to define the functions
of the companies to be established and
to revise the law relating to pilotage.
AGRICULTURE
Diseases of Animals Act 1966 (First
Schedule) (Amendment) (No. 2)
Order 1995 (SI No. 97 of 1995)
This Order extends the definition of
animal in the Diseases of Animals Act
1966 to include all animals not
already covered in the First Schedule
to the Act.
Diseases of Animals (Protection of
Animals During Transport) Order
1995 (SI No. 98 of 1995)
This Order lays down the standards
for the protection of animals during
transport and gives effect to Council
Directive No. 91/628/EEC (of 19
November 1991). The Order makes
general provision for the welfare of
animals, including rest periods and
stipulations for feeding and watering,
during transport by road, rail, sea or
air and requires that the persons who
are entrusted to transport animals
possess the necessary knowledge to
care for these animals. The Order
came into operation on 2 May 1995.
European Communities (Protection of
Animals at Time of Slaughter) Regu-
lations 1995 (SI No. 114 of 1995)
These Regulations lay down standards
for the protection of animals at the time
of slaughter and give effect to Council
Directive No. 93/119/EC (of 22
December 1993). The Regulations set
out the rules for the treatment of animals
prior to death and for humane methods
of slaughtering animals both within
slaughterhouses and in other locations
such as farms in order to ensure that
animals are spared avoidable pain and
suffering. The Regulations came into
operation on 1 June 1995.
COMPANY
'
In the Matter of Don
Bluth
Entertainment Ltd
Supreme Court
(Finlay CJ, Egan and Blayney JJ)
[1994] 2 ILRM 436
Examinership - Liquidation - Borrow-
ings by examiner - Liability incurred
during protection period - Foreign
currency debt - Loan made in US
dollars - Whether debt should be
converted into its Irish pound equivalent
as of the date of commencement of
liquidation or date on which it is to be
discharged - Payment in full of
remuneration, costs and expenses of
examiner - Priority over other debts -
Companies (Amendment) Act 1990,
ss. 10, 29
In the matter of Gilt Construction Ltd
High Court (O'Hanlon J) [1994] 2
ILRM 456
Winding-up - Voluntary liquidation -
Whether court should halt voluntary
liquidation - Conversion into a court
liquidation - Basis on which court
should replace voluntary liquidator -
Companies Act 1963, s. 280
Clandown v. Brid Davis
High Court
(Morris J) [1994] 2 ILRM 536
Winding-up petition - Interlocutory
injunction - Whether petitioner a
creditor of the company - Whether
company disputing claim on
bona
fide
grounds - Whether injunction to
restrain publication of petition should
be granted
CONSTITUTIONAL
F v. F, Ireland and the Attorney
General
High Court (Murphy J)
[1994] 2 ILRM 401
Family - Marriage - Decree of judicial
separation - Whether granting decree
on ground that no normal marital
relationship had existed for period of
one year constituted too low a
threshold - Whether decree amounted
to an impediment to reconciliation -
Whether the grant of right of residence
in family home to one spouse
amounted to an unjust attack on the
other spouse's property rights -
Presumption of constitutionality -
Family Home Protection Act 1976
- Family Law Act 1988 - Judicial
Separation and Family Law Reform
Act 1989, ss. 2(1 )(f), 16(a) -
Constitution of Ireland 1937, Articles
40.3.2, 41
Interpretation - Natural law -
Rights which are superior to positive
law - Whether the court can be asked
to choose between differing views of
the different religious denominations
as to the nature and extent of natural
rights - Rights deriving from the
relationship of marriage - Whether
such rights are absolute - Constitution
of Ireland 1937, Article 40.3
Practice - Hearing of pro-ceedings
in camera
- Judicial Separation and
Family Law Reform Act 1989, s. 34
Anthony Heaney and Or v. Ireland
and the Attorney General
High Court
(Costello j) [1994] 2 ILRM 420
Right to silence - Right against self-
incrimination - Statutory power to
require that person in custody should
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