The Gazette 1995

GAZETTE

AUGUST/S

PTE

MBER

1995

fisheries board or after consideration

by him of a report of a person

appointed by him to examine the

management and organisation of a

board and the performance by it of its

functions, appoint a Commission to

carry out such and so many of the

functions of that board as he may

determine.

HEALTH AND SAFETY

European Communities (Export and

Import

Certain

Dangerous

Chemicals)(Pesticides)(Enforcement)

(Amendment) Regulations 1995 (SI

No. 183 of 1995)

These Regulations serve to implement

the provisions of Council Regulation

(EC) No. 3135/94 which extends the

scope of Council Regulation (EEC) No.

2455/92. In particular, the list of

chemicals which have been banned

or severely restricted to certain uses

by Commmunity legislation, owing to

their effects on health and the

environment,

is extended.

The

Regulations came into operation on 1

August 1995.

INTERNATIONAL LAW

Governor and Company of the Bank

Ireland

Michael

John

Meeneghan and Or

High Court

(Costello j) [1995] 1 ILRM 96

Private international law - Enforce-

ment of penal, revenue or public law of

foreign state - Charge of evasion of UK

value-added tax - Order granted by

English court restraining the accused

from disposing or dealing with assets -

Monies in bank account in Ireland -

Whether lawful for bank to pay out

monies - Interpleader proceedings

brought by bank - Distinction between

recognition and enforcement of penal

law of foreign state

LOCAL GOVERNMENT

Local Government (Delimitation of

Water Supply Disconnection Powers)

Act 1995 (No. 18 of 1995)

This Act was signed by the President

on 18 July 1995. Cf (1995) 13 ILT

204.

Housing (Sale of Houses) Regulations

1995 (SI No. 188 of 1995)

These Regulations govern the sale by

housing authorities of tenanted

dwellings to tenants. Under s. 26

of the Housing

(Miscellaneous

Provisions) Act 1992, the sale of such

a dwelling is made in accordance

with a tenant purchase scheme

adopted by the housing authority. A

sale can be made either in fee simple

or by way of shared ownership lease.

A tenant purchase scheme must

comply with the provisions of the

Regulations which,

inter alia,

set out

the basis for the determination of the

purchase price of a dwelling,

prescribe certain conditions attaching

to a sale and the terms of a shared

ownership lease. Where a housing

authority sells a dwelling, other than a

tenented dwelling, the Regulations

require the authority to obtain the

consent of the Minister to the sale

unless it is made at the best price

reasonably obtainable.

/ Wood and Co. Limited v. Wicklow

County Council

High Court (Costello

I) [1995] 1 ILRM 51

Planning

and

development

Compensation - Refusal of planning

permission - Statutory interpretation -

Application for planning permission

made before commencemant of 1990

Act and decision refusing permission

made

after

commencement

Whether

compensation

determined under 1963 Act or 1990

Act - Manner in which compensation

should he assessed - Whether reasons

for refusal of planning permission

precluded

the

payment

compensation - Interpretation Act

1937, s. 21(1 )(c) - Local Government

(Planning and Development) Act

1963, ss. 26, 55, 56 - Local

Government

(Planning

and

Development) Act 1990, ss. 3, 11,

Third Schedule

Mark Keogh and Ors v. The Mayor;

Aldermen and Burgesses of the

County Borough of Galway

High

Court (Carney |) [1995] 1 ILRM 141

Planning

and

development

Development plan - Duty of planning

authority to notify citizens of

development plan -

Mandatory

consultation process - Proposed

halting sites listed in development

plan - Attempt by local authority to

establish halting site at another

location which was not mentioned -

Local Government (Planning and

Development) Act 1963, s. 39(2)

PRACTICE AND PROCEDURE

Civil Legal Aid Bill 1995

This Bill has been amended in the

Select Committee on Legislation and

Security. Cf (1995) 13 ILT 92.

John Lovett t/a Lovett Transport v.

Robert Grogan t/a PS Travel and Ors

Supreme Court (Finlay C], Egan and

Denham ||) [1995] 1 ILRM 12

Injunction -

Statute -

Private

individual

entitled

enforce

legislation through injunction -

Injunction to protect

pliantiff's

constitutional right to earn a livlihood

- Test to he applied by court in

exercise of discretion to grant

injunction where infringement of

constitutional right - Licence required

to operate road passenger service -

Defendants not holding licences -

Whether person has to own bus

concerned in order to run 'road

passenger service' - Road Transport

Act 1932, ss. 2, 7, 12

Mary O'Brien v. Ireland, the Attorney

General and the Minister for Defence

High Court (O'Hanlon |) [19951 1

ILRM 22

Discovery - Privilege - Reports of UN

and military inquiries into death of

soldier in Lebanon - Power of the

Oireachtas

to enact

legislation

conferring privilege of exemption from

production on specified categories ot

documentary and other evidence

Defence Act 1954

Diplomatic

Relations and Immunities Act 1967, s.

9 - Rules of Procedure (Defence

Forces) 1954 - Detente Force

Regulations 1982 - Convention on the

Privileges and Immunities of the

United Nations 1946, artic le II, s. 4