The Gazette 1961 - 64

grounds for believing that an offence under the act has been committed, require the owner of the vehicle to state whether or not he was using the vehicle at the material time. If the owner states that he was not using the vehicle, he must give such information as may be required of him, as to the identity of the person who was using the vehicle. Furthermore, any other person shall, if so required, "give any information which it is in his power to give, and which may lead to the identification of the person who was actually using the vehicle at the material time". Any person failing to give the required information will be guilty of an offence under the Section. Section 124, which provides that a disqualifica– tion from holding a driving licence shall not be capable of being remitted under Section 23 of the Criminal Justice Act, 1951. The following sections also contain important new matter and should not be overlooked. Section 104 (containing new provisions relating to the Statutory Notice of intention to prosecute). Section 106 (containing provisions enabling members of the Garda Siochana, under warrant, to enter and search premises and seize a vehicle). Section 112 (offence of taking a vehicle without authority extended to include the taking of a pedal- cycle). Section 103 (providing that the minister may make regulations which will bring in a system of fines for specified offences without the necessity of a court prosecution). Section 26 (consequential disqualification orders). Sections 44-47 (speed limits). The Act is on sale at the Government Publications Sales Office, Henry Street Arcade, Dublin. Price 4/- Net. DEFAMATION ACT, 1961 CIVIL LIABILITY ACT, 1961 COURTS (ESTABLISHMENT) ACT, 1961 that all of the above mentioned Acts have now become law. The two Courts Acts will be brought into operation on a day to be appointed by the Minister for Justice. The Civil Liability Act, 1961, came into force on the day it was signed by the President i.e. the I4th of August, 1961. The Defamation Act, 1961, only comes into force on the ist January, 1962. COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961 Members should note

HOLIDAYS 1961 It is to be noted that this Act repeals the Holidays (Employees) Act, 1939 and entitles clerical and industrial employees to two weeks holiday with pay in respect of every year they have been employed by a firm. Copies may be obtained from the Govern– ment Publications Sales Office, Henry Street Arcade, Dublin. (EMPLOYEES) ACT, CLOSING OF LIBRARY DURING HOLIDAYS The Library will be closed for reading from Wednesday, the 23rd August 1961, at 5p.m. until Wednesday, the 6th September, at 10 a.m., and from Friday, ijth September, at 5p.m. until Monday, and October 1961, at 10 a.m. Members requiring books urgently should apply to the Office. THE TREATY OF ROME Arising from Ireland's application to become a member of the European Economic Community, the following are the provisions as to the right of establishment and free supply of services. Article 3. The activities of the community shall include under the conditions and with the timing provided for in this Treaty, the abolition as between member States, of the obstacles to the free movement of persons, services and capital. Article 52. Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be progressively abolished in the course of the transitional period. Such progressive abolition shall also extend to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member States established in the territory of any Member State. Freedom of establishment shall include the right to engage in and carry on non-wage-earning activities, and also to set up and manage enterprises and, in particular, companies within the meaning of Article 5 8, second paragraph, under the conditions laid down by the law of the country of establishment for its own nationals, subject to the provisions of the Chapter relating to capital. Principles The Right of Establishment