The Gazette 1995

GAZETTE

AUGUST/S

PTE

MBER

1995

ILT DIGEST

OF LEGISLATION AND REPORTED CASES

Compiled by DAVID BOYLE

ADMINISTRATIVE

An Bord Bia (Amendment) Act 1995

(No. 20 of 1995)

This Act was signed by the President

on 20 July 1995. Cf (1995) 13 ILT 201.

Electoral (Amendment) Act 1995

(No. 21 of 1995)

This Act was signed by the President

on 20 July 1995. Cf (1995) 13 ILT 201.

Ethics in Public Office Act 1995 (No.

22 of 1995)

This Act was signed by the President

on 22 July 1995. Cf (1995) 13 ILT 145.

Heritage Act 19S5 (Establishment

Day) Order 1995 (SI No. 177 of 1995)

This Order appoints 10 July 1995 as

the day on which the Heritage

Council is established.

AGRICULTURE

European Communities (Importation

of Cattle from the United Kingdom)

Regulations 1995 (SI No. 152 of 1995)

These Regulations implement article 1

of Commission Decision 94/474/EC

(of 27 July 1994) and make it an

offence to import cattle from the

United

Kingdom

except

accordance with that Decision.

Procedures to be followed when

calves are imported from the UK are

also laid down. The Regulations came

into operation on 26 June 1995.

COMMERCIAL

Casual Trading Act 1995 (No. 19 of

1995)

This Act was signed by the President on

18 July 1995. Cf (1995) 13 ILT 201.

Minerals Development Act 1995 (No.

15 of 1995)

This Act was signed by the President on

17 July 1995. Cf (1995) 13 ILT 119.

Industrial Development Bill 1995

This Bill has been amended in the

Select Committee on Enterprise and

Economic Strategy. Cf (1995) 13 ILT

201.

Netting of Financial Contracts Act

1995 (No. 25 of 1995)

This Act was signed by the President on

1 August 1995. Cf (1995) I 3 ILT 201.

European Communities

(Further

Discontinuation of Certain Trade

with Serb Controlled Areas of Bosnia-

Herzegovina) Regulations 1995 (SI

No. 163 of 1995)

These Regulations further prohibit

certain trade with Serb controlled areas

of Bosnia-Herzegovina, as provided for

in Council Regulation (EC) No

2471/94, and provide for penalties for

infringement of the prohibition.

European Communities (Deposit

Guarantee Schemes) Regulations

1995 (SI No. 168 of 1995)

These

Regulations

provide

for

depositors to be compensated for 90%

of their deposits up to a maximum

equivalent of ECU 15,000. The

scheme

established

under

the

Regulations applies to all deposits in

any currency (including the ECU) at a

branch in the EU of any credit

institution authorised in Ireland. The

scheme must be in a position to pay

within three months of either the

Central Bank determining that the

credit institution is unable to repay

deposits due to its financial situation,

or a court making a ruling, for reasons

directly related to a credit institution's

financial circumstances, that suspends

depositors' ability to make claims

against the institution. The Regulations

came into effect on 1 July 1995.

European Communities (Accounts)

(Form) Regulations 1995 (SI No. 178

of 1995)

These Regulations prescribe a form for

use in the return of information to the

Companies Registration Office in

compliance with Regulation 20 of the

European Communities (Accounts)

Regulations 1995 (SI No. 396 of

1993). The Regulations came into

operation on 6 July 1995.

CONSTITUTIONAL

Maura Maguire v. Paul Drury and Ors

High Court (O'Hanlon J) [1995] 1

ILRM 108

Right to privacy - Freedom of

expression - Freedom of the press -

Interlocutory injunction - Plaintiff

seeking to restrain the publication of

material relating to breakdown of

relationship between herself and her

husband and matter concerning the

plaintiff and her children arising from

judicial separation proceedings -

Whether court had jurisdiction to

restrain publication of material which

could be harmful to children of

marriage - Whether plaintiff had

established a fair question to be tried -

Balance of convenience - Constitution

of Ireland 1937, Articles 40,41

Thomas Clancy

v. Irish

Rugby

Football Union and Or

High Court

(Morris |) [1995] 1 ILRM 193

Fair procedures - Natural justice -

Rugby player precluded from playing

for new club for specified period -

Hearing of application - Decision by

sub-committee

Whether

valid

delegation of powers - Whether

improper decision - Introduction of new

regulations - Whether retrospective

effect - Whether regulations an

interference with right to freedom of

association (Cf also (1995) 13 ILT 171)

CONSTRUCTION

Building Regulations Advisory Body

Order 1995 (SI No. 190 of 1995)

This Order appoints the Building

Regulations Advisory Body under s.