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GAZETTE
NOVEMBER 1995,
ILT DIGEST
OF LEGISLATION AND REPORTED CASES
Compiled by DAVID BOYLE
ADMINISTRATIVE LAW
Ethics in Public Office Bill 1994
This Bill was passed by Dáil Éireann
on 14 June 1995. Cf. (1995) 13 ILT
145.
An Bord Bia (Amendment) Bill 1995
This Bill, as presented by the Minister
for Agriculture, Food and Forestry,
aims to increase the membership of
An Bord Bia and to provide that one
ordinary member shall be appointed
on the nomination of the Minister for
the Marine.
Electoral (Amendment) Bill 1995
This Bill, as presented by the Minister
for the Environment, aims to revise
the Dail constituencies in the light of
the 1991 Census returns and to
implement the recommendations
contained "in the Report of the Dail
Constituency Commission (dated 27
April 1995). The Bill, if passed, will
fix at 166 the number of members of
Dail Eireann after the next dissolution
which is the same number as at
present
and
is
the
number
recommended by the Commission.
Electoral (Amendment) (No. 2) Bill
1995
This private member's Bill, as
introduced by Ms Mary Wallace, TD,
aims to aid the greater participation of
people with disabilities in the
electoral process by: (i) requiring
(where possible) the location of
polling stations in buildings which are
accessible to wheelchair users; (ii)
replacing the current special voter
system with an extension of the postal
voting system to people who, through
physical illness or disability, are
unable to attend at a polling station
and, (iii) the inclusion of breach of
secrecy of the postal ballot in the list
of electoral offences.
AGRICULTURE
European Communities (Retirement
of Farmers) Regulations 1995 (SI No.
129 of 1995)
Article 13 of the Farmers Retirement
Scheme provides that the annuity
payable under the Scheme may be
increased from time to time to take
account of any increase in the
Consumer
Price
Index.
These
Regulations increase the amount of
the annuity from £3,504 to £3,592
for a married person whose spouse is
alive and from £2,340 to £2,399 for
a single person, widow or widower
with effect from 1 May 1995.
COMMERCIAL
Casual Trading Bill 1994
This Bill, which was presented by the
Minister
for
Enterprise
and
Employment, has been passed by
Dáil Éireann. It aims to provide for
the control and regulation of casual
trading
and
introduces
new
provisions concerning the granting
and display of casual trading
licences.
Investment Intermediaries Act 1995
(No. 11 of 1995)
This Act was signed by the President
on 22 June 1995. Cf. (1995) 13 ILT
177.
Stock Exchange Act 1995 (No. 9 of
1995)
This Act was signed by the President
on 1 June 1995. Cf. (1995) 1 3 ILT 177.
Industrial Development Bill 1995
This Bill, as presented by the Minister
for Enterprise and Employment, aims
to amend the Industrial Development
Act 1993 in order to remove certain
restrictions on the operations of
1
Forbairt and IDA Ireland. It is
intended to permit these bodies to
invest monies in funds aimed at the
development of industry in general,
as opposed to investment in specific
companies. The Bill also aims to
provide for the establishment and
functions of County
Enterprise
Boards.
Netting of Financial Contracts Bill
1995
This Bill, as presented by the
Taoiseach, aims to make provision
for the enforceability of netting,
between two parties only, in relation
to financial contracts in accordance
with the terms of a netting
agreement. Provision would also be
made for the enforceability of setoff
by those parties of the amounts due
under such netting agreements in
accordance with the terms of a
master netting agreement and for the
setoff of money or the proceeds of
collateral provided solely in relation
to any netting agreement or any
master
netting
agreement
in
accordance with the terms of each.
CONSTITUTIONAL
Fifteenth
Amendment
of
the
Constitution Bill 1995
This private member's Bill, as intro-
duced by Mr John O'Donoghue, TD,
aims to amend Article 40.1 of the
Constitution by the addition of the
following text after Article 40.1:
'Any person charged with an
indictable offence may be remanded
in custody pending trial if, on the
hearing of an application for bail, the
judge is satisfied that there is a
probability that the person will
commit a class of criminal offence
which is also an indictable offence if
admitted to bail.