The Gazette 1975

Statutory Instruments

Marriages Act, 1972 (Commencement) Order, 1974. S.I. No. 324 of 1974. This Order brings into operation Sections 1, 7 and 18 of the Marriages Act, 1972, with effect from 1st January, 1975. Section 1 prohibits the marriage of either males or females under 16 years of age, save with the exclusive consent in camera of the President of the High Court. Section 7 prohibits the marriage of either males or females under 21 years of age save with the joint consent of the parents, or the sole consent of a guardian. If a guardian does not exist, or is difficult to trace, then the consent of the President of the High Court in camera is required. Section 18 provides that the Minister for Health may by regulations substitute a lower age than 21 years in respect of a marriage in which consent is required. Prosecution of Offences Act, (Section 2) Regulations, 1974. S.I. No. 304 of 1974. These Regulations set out the procedures to be adopted by the Committee which has been established to select candidates for appointment to the Office of Director of Public Prosecutions and deal with related matters. The Rules of the Superior Courts (No. 1) of 1975. S.I. No. 15 of 1975. These Rules provide that, in the case of any High Court proceedings which the parties are entitled as of right to have tried with a jury, notice of trial at Cork, Limerick, Galway, Sligo, Dundalk or Kilkenny may be served without obtaining the leave of the Court, if both parties so consent. Rathfarnham Courthouse condemned The Rathfarnham courthouse's over-crowded condi- tions were condemned as an absolute disgrace on 13th May 1974 by District Justice T. P. O'Reilly and he said: "The people responsible for it should attend to it or get out of office." He added that it was absolutely deplorable that in the year 1974, over 50 years after we have gained independence, that people had to stand at adjoining toilets waiting for the cases to be called. The court house, he said, was always overcrowded. The windows needed to be open for ventilation, but these were situated right beside the traffic. Solicitors had to consult their clients on the footpath outside, and Gardai were forced to stand on the roadway wait- ing for cases to be called. Rathfarnham court house had no consulting rooms, no waiting rooms and inadequate parking spaoe. The court clerk worked under very bad conditions and he should take the matter up with his Department, said the justice. He added : "Someone should take note of what goes for the dispensation of justice in Rathfarnham." People who stood waiting in the courthouse were serving their sentences before they were ever dealt with by the court." 28

Offences Against The Person Act, 1861 (Section 9), Adaptation Order, 1973. S.I. No. 356 of 1973. The Government, in exercise of the powers conferred on them by Section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) (as adapted in consequence of the enactment of the Constitution), and Section 5 of the Constitution (Consequential Provisions) Act, 1937 (No. 40of 1937), hereby order as follows : (1) This order may be cited as the Offences against the Person Act, 1861 (Section 9), Adaptation Order, 1973. (2) The Interpretation Act, 1937 (No. 38 of 1937), applies to this order. (3) Section 9 of the Offences against the Person Act, 1861, shall be construed and have effect as i f: (a) the reference to land out of the United Kingdom, whether within the Queen's dominions or without, were a reference to land outside the area of appli- cation of the laws of the State, (b) the reference to a subject of Her Majesty were a reference to a citizen of Ireland and the reference to any subject of Her Majesty were a reference to any citizen of Ireland, and (c) the first reference to England and Ireland were a reference to the area of application of the laws of the State. Given under the official seal of the Government, this 20th day of December, 1973. Liam Cosgrave (Taoiseach) Explanatory Note— To enable Section 9 of the Offences against the Per- son Act, 1861 (which applies in the State), to have full force and effect, this order adapts certain expressions in the section. Section 9 of the Offences against the Person Act, 1861, provides that where any murder is committed by any subject of Her Majesty on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed is the subject of Her Majesty or not, then the offence may be dealt with in all respects as if it had been committed in England in any county or place where the suspected person is apprehended or is in custody. Notice of the making of this Statutory Instrument was published in Iris Oifigiúil on 4th January 1974. Increased rates of social insurance contributions came into effect from 1 July, 1974. These Regulations determine the amounts of the increased contributions paid in respect of retirement pension to be returned to a person who entered insurance after the age of fifty-five years and who was not insured before that age under the former National Health Insurance Act. The Regulations also determine the amounts paid in respect of old age (contributory) pension to be returned to a person who had not similarly entered insurance before the age of sixty years. Social Welfare (Contributions) (Amendment) Regula- tions, 1974. S.I. No. 300 of 1974.