The Gazette 1991

g a z e t t e

april

1991

Unjustified Breach of Constitutional Rights

An tOireachtas List of Measures enacted by the Oireachtas during the year 1990

However, Costello J held that the unauthorised interference w i th the plaintiff's items of correspondence constituted an unjustified breach of his constitutional right to communi- cate, since they should have been delivered to him once their contents were found not to be objectionable under rule 63. Costello J held that the wr ong commi t t ed was an un- justified infringement of a consti- tutional right not a tort, and the State could be sued in respect of it and, a l t h o u gh it was not authorised, the State was liable when it could be shown that had the wr ong been a tort, vicarious liability would attach to the State. Costello J concluded that since the plaintiff suffered no pecuniary or other loss arising from the delay in delivering his letters, and there was no sufficient evidence to show that the wrongful actions were so op- pressive or vindictive as to justify an award of exemplary damages, the plaintiff was entitled to nominal damages only. .

, T i t le of A c t

Numb er

Bord Glas Act, 1990

1 of 90 2 of 90 3 of 90 4 of 90 5 of 90 6 of 90 7 of 90 8 of 90 9 of 90 10 of 90 11 of 90

Decimal Currency Act, 1990 Building Control Act, 1990 B & I Line Act, 1990 Social Welfare Act, 1990 Defence (Amendment) Act, 1990 Dun Laoghaire Harbour Act, 1990

Horse Breeding Act, 1990

Larceny Act, 1990 Finance Act, 1990

Local Government (Planning and Development) Act, 1990

Firearms and Offensive Weapons Act, 1990 12 of 90 International Carriage of Good by Road Act, 1990 13 of 90 Derelict Sites Act, 1990 14 of 90 Industrial Credit (Amendment) Act, 1990 15 of 90 Criminal Justice Act, 1990 16 of 90 Control of Clinical Trials and Drugs Act, 1990 17 of 90 National Treasury Management Agency Act, 1990 18 of 90 Industrial Relations Act, 1990 19 of 90 Shannon Navigation Act, 1990 20 of 90 Local Government (Water Pollution (Amendment) Act, 1990 21 of 90 Turf Development Act, 1990 22 of 90 Health (Nursing Homes) Act, 1990 23 of 90 Broadcasting Act, 1990 24 of 90 Pensions Act, 1990 25 of 90 Insurance Act, 1990 26 of 90 Companies (Amendment) Act, 1990 27 of 90 Teacher's Superannuation (Amendment) Act, 1990 28 of 90 International Development Association (Amendment) Act, 1990 29 of 90 Public Hospitals (Amendment) Act, 1990 30 of 90 Foir Teoranta (Dissolution) Act, 1990 31 of 90 Criminal Law (Rape) (Amendment) Act, 1990 32 of 90 Companies Act, 1990 33 of 90 Criminal Justice (Forensic Evidence) Act, 1990 34 of 90 Exchange Control (Continuance) Act, 1990 35 of 90 Electoral (Amendment) Act, 1990 36 of 90 Unit Trusts Act, 1990 37 of 90 Appropriation Act, 1990 38 of 90

YOUR WILL can help Irish Wheelchair Association For donations and furthsr particulars contact: Miriam McNally Irish Wheelchair Association Áras Chuchulain, Blackheath Drive, Clontarf. Dublin 3. Tel: 338241

IRISH YFHEELCHAJR ASSOCIATION

SOLICITOR'S PRACTICE F O R S A L E South East Sole Practitioner Retiring - Office Equipment included in sale. Prospective purchases will be required to produce evidence that finance is available. Apply in writing in strictest confidence - principals only, to Box Number 26.

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