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GAZETTE
AUGUST/SEPTEMBER
1995
ILT DIGEST
OF LEGISLATION AND REPORTED CASES
Compiled by DAVID BOYLE
ADMINISTRATIVE
Harbours Bill 1995
This Bill has been amended in the Select
Committee on Enterprise and Economic
Strategy. (Cf. (1995) 1 3 ILT 176.)
Statistics (Census of Building and
Construction) Order 1995 (SI No.
230 of 1995)
This Order enables the taking of a
statutory census of building and
construction relating to the years 1994
to 1999. The scope cf the census is
defined and a requirement is made
that returns be furnished to the Central
Statistics Office covering all under-
takings in respect of which the
prescribed forms have been issued.
The Order came into operation on 23
August 1995 and shall expire on 22
August 2000.
AGRICULTURE
European Communities (Common
Agricultural Policy) (Scrutiny of Trans-
actions) (Amendment) Regulations
1995 (SI No. 218 of 1995)
These Regulations deal with the
changes
to
the
European
Communities (Common Agricultural
PolicyHScrutiny
of
Transactions)
Regulations 1994 required by Council
Regulation (EC) No. 3094/94. These
Regulations,
inter alia,
revise the
definition of 'records' which are to be
kept by persons in receipt of
Community
funds
under
the
Guarantee Section of the European
Agricultural Guidance and Guarantee
Fund and allow officials of the
Commission
of
the
European
Communities
to participate
in
scrutinies under those Regulations.
National Milk Agency (Members)
Regulations 1995 (SI No. 234 of
1995)
This Regulation fixes the number of
ordinary members of the National
Milk Agency.
There shall be one
member representing each of the
following
interests:
those
of
consumers, retailers and distributors.
In addition, four members shall
represent the interests of processors
and five the interests of producers.
CONSTITUTIONAL
Fifteenth
Amendment
of
the
Constitution (No. 2) Bill 1995
This Bill, as presented by the Minister
for Equality and Law Reform, aims to
amend Article 41 of the Constitution
by the substitution of the following
text for Article 41.3.2°:
'A Court designated by law may grant
a dissolution of marriage where, but
only where, it is satisfied that -
i. at the date of the institution of the
proceedings, the spouses have
lived apart from one aother for a
period of, or periods amounting to,
at least four years during the
previous five years,
ii. there is no reasonable prospect of
a reconciliation between the
spouses,
iii. such provision as the Court
considers proper having regard to
the circumstances exists or will be
made for the spouses, any children
of either or both of them and any
other person prescribed by law,
and
iv. any further conditions prescribed
by law are complied with.'
Daniel Francis Larkin v. Governor of
St Patrick's Institution
and
Daniel
Francis Larkin v. Edward /. O'Dea
Supreme
Court
(Hamilton
CJ,
Costello P, O'Flaherty, Blayney and
Denham JJ) [1995] 2 ILRM 1
Extradition - Fair Procedures - Re-
arrest - Validity of order authorising
re-arrest of applicant - Admissability
of statements obtained during period
of detention - Whether a person's
constitutional
rights
would
be
vindicated
if extradited
to a
jurisdiction where evidence obtained
in violation of constitutional rights
would be admissable - Extradition Act
1965, ss. 9, 47 - Criminal justice Act
1984, ss. 4, 10(1)
In the Matter of Article 26 of the
Constitution and in the Matter of the
reference
to the court of the
Regulation of Information (Services
Outside the State for the Termination
of Pregnancies) Bill 1995
Supreme
Court (Hamilton CJ, O'Flaherty,
Egan, Blayney and Denham JJ) [1995]
2 ILRM 81
Bill - Validity - Right to life of the
unborn child - Right to life of the
mother - Bill regulating circumstances
in which information relating to
services provided in other states for
the termination of pregnancies may
be made available in the State -
Whether provision of Constitution
allowing for information to be made
available took precedence over
natural law - Constitution of Ireland
1937, Article 40.3.3°
Natural law - Supremacy of the text of
the Constitution - Power to amend
Constitution in a manner inconsistent
with natural law
Stephen Walsh v. Governor
of
Limerick
Prison
Supreme Court
(O'Flaherty, Egan and Blayney JJ)
[1995] 2 ILRM 158
Detention - Convicted prisoner -
Failure of prison authorities to permit
consultation with legal advisers
outside the hearing of prison staff -
Whether inquiry under Constitution
should be ordered - Whether breach
of
prison
rules could
render
applicant's detention unlawful -
Constitution of Ireland 1937, Article
40.4
1