The Gazette 1995

GAZETIE

CONSUMER

Package Holidays and Travel Trade

Act 1995 (Commencement) Order

1995 (SI No. 235 of 1995)

This Order fixes 1 September 1995 as

the day on which s. 5 of the Package

Holidays and Travel Trade Act 1995

(d.

(1995) 13 ILT 90) came into

operation and 1 October 1995 as the

day on which the rest of the Act came

into operation.

Approved Bodies (Fees) Regulations

1995 (SI No. 236 of 1995)

These Regulations set an application

fee of £250 for bodies which are

applying to be approved bodies for

the purpose of ss. 23 and 24 of the

Package Holidays and Travel Trade

Act 1995

(d.

(1995) 13 ILT 90). The

maximum period for which such

approval may be granted is set at two

years. The Regulations came into

operation on 1 September 1995.

CRIMINAL

People

(DPP)

v. Noel Fowler

Court of

Criminal

Appeal

(O'Flaherty,

O'Hanlon and Barr ))) [1995] 1 ILRM

546

Indictment - Alternate counts -

Charge of stealing - Charge of

handling stolen property - Evidence -

Direction on one count - Second

count put to jury - Whether there was

sufficient evidence to put both counts

to the jury - Effect of withdrawing

count of larceny - Contents of trial

judge's charge to the jury - Larceny

Act 1916, ss. 33 and 40(5) - Larceny

Act 1990, ss. 3, 4(b) and 8

Director of Public Prosecutions v.

Eric Spratt

High Court (O'Hanlon J)

[1995] 2 ILRM 117

Case stated - Person charged under

Road Traffic Acts - Failure of

prosecutor to adduce evidence of

compliance

with

regulations

governing information to be given to

persons in custody by the member in

charge of a garda station - Whether

regulations apply to persons arrested

under Road traffic Acts - Whether

evidence of compl iance with the

regulations a requisite proof to such

prosecution - Whether any non–

compliance rendered custody of the

accused unlawful and in breach of the

accused's constitutional rights–

Whether resulting evidence rendered

inadmissable - Whether accused

prejudiced by any non-compliance -

Road Traffic Act 1961, s. 49(6) -

Criminal Justice Act 1984, s. 7 -

Criminal Justice Act 1984 (Treatment

of Persons in Custody in Garda

Sfochana Stations) Regulations 1987,

regs. 2(1), 8, 9, 11

Dolores Bowes v. His Honour Judge

Devally and the Director of Public

Prosecutions

High Court (Geoghegan

J) [1995] 2 ILRM 148

Sentence - Conviction for posession

of drugs - Money found in room at

time of arrest - Whether order

directing forfeiture of money

permissable - Whether property

related to particular offence - Misuse

of Drugs Act 1977, ss. 3, 30 - ,\1isuse

of Drugs Act 1984, s. 6

EUROPEAN COMMUNITY

Teresa

Tate v. Minister for Social

Welfare, Ireland and the Attorney

General

High Court and

Esther

Robinson and

Drs.

v. Minister for

Social Welfare, Ireland and the

Attorney General

High Court (Carroll

J) [1995] 1 ILRM 507

Effect of community law within the

State - Directive - Direct effect -

Failure by State to implement

directive within prescribed period -

Whether compensation payable in

respect of failure to implement

directive which has direct effect

FAMILY LAW

High Court (Costello P)

[1995] 1 ILRM 491

Husband and wife - Marriage -

Validity - Declaratory proceedings -

Parties married to each other in a civil

ceremony in the United States -

Second

marriage

subsequently

celebrated by the parties in Ireland -

Whether second marriage a bigamous

DECEMBER 1995

marriage - Failure to comply with

legal

formalities

under

the

Registration of Marriages (Ireland) Act

1863 - Offences Against the Person

Act 1861, s. 27 - Registration of

Marriages (Ireland) Act 1863, s. 11

O'R. v. B.

High Court (Kinlen J.)

[1995] 2 ILRM 57

Husband and wife - Nullity -

Capacity to enter into a normal

marital relationship

Whether

petitioner capable of enteri ng into

caring and considerate relationship -

Whether petitioner can rely on his

own incpacity to enter normal marital

relationship in circumstances where

his spouse has not repudiated the

marriage bond

INTERNATIONAL LAW

ACT Shipping (PTE) Limited v.

Minister for the Marine, Ireland and

the Attorney General

High Court

(Admiralty)(Barr J) [1995] 2 ILRM 30

Public international law - Ship in

distress - Right of sanctuary at nearest

maritime state - Rights arising from

customary international law

Whether such rights part of Irish

domestic law - Whether sole and

exclusive right of Oireachtas to make

laws for the State inhibits the

adoption

of such

customary

international law into Irish domestic

law - Constitution of Ireland 1937,

Articles 15(2), 29(3)

LICENSING

Thomas O'Rourke and Or. v. Grittar

Supreme Court (Hamilton CJ,

O'Flaherty and Blayney JJ) [1995] 1

ILRM 532

Application for new licence for sale of

intoxicating liquor for consumption

off premises - Applicant offering the

extinguishment of two ordinary

publican's seven day on-licences in

return for the grant of an off-licence -

Whether on-licence and off-licence of

the same character - Licensing

(Ireland) Act 1902, s. 2 - Intoxicating

Liquor Act 1927, s. 1 - Intoxicating

Liquor Act 1960, s. 13