The Gazette 1967/71

first volume covered the cases reported in the period from 1949-1958, and this volume covers the same cases, taken from the Irish Reports, the Northern Ireland Reports, the Irish Law Times Reports and the Irish Jurist Reports, within the years 1959-1968. In the first volume, the learned author had already shown in a masterful way how he could arrive at the pith of a decision in a very few words, and he has continued to reveal the brief substance of every decision in this volume. It would not do justice to the book to say that it is merely useful — for it is realised that Professor Ryan must have spent many hours undreamt of by practitioners to read all the judgments which have been noted and to summarise them so pithily. As the official digest covering 1959- 1968 is unlikely to be published for several years, Professor Ryan's notes are absolutely indispensable for any practitioner who wishes to keep abreast of recent Irish reported decisions. The learned author deserves the highest commendation for his industry and erudition. Constitution No Expert qualifications required for nomination to Senate Panel — By Art. 18 (10) of the Constitution, elections of the elected members of the Senate shall be regulated by law. It was submitted that this means the Oireachtas can choose the procedure, and has done so in the Seanad Electoral (Panel Members) Act 1947. Pringle J. held that S. 38 of that Act does not deprive persons who have not been nominated to any panel for having their qualifications for nomination to a particular panel decided bv the Hieh Court. The two applicants have the necessary qualifications to applv for either the Labour Panel or the Cultural and Educational Panel, or the Administrations Panel, Drovided thev obtain the support of four Deputies or Senators. Mr. Smyth, the Senate Returning Officer, ruled that their qualifica tions were not sufficient to entitle them to be nominated to the Labour Panel. The applicants then sought a declaration from the Hieh Court to determine their <*l'fi;ih; l>t" or otherwise. The only qualification required for the Labour Panel is knowledge and practical ex perience of labour whether organised or unorganised. Pringle J. held that the qualifications for each Panel are prima facie intended to be different, and Labour in volves knowledge and experience in the field of Labour Relations acquired by a Trade Union Officer. It is to be noted that the words "special knowledge", is not used—the only requirement is a reasonable CURRENT LAW DIGEST SELECTED

amount of practical experience in dealing with prob lems. Pringle J. having examined in detail the quali fications of the two primary teacher applicants, granted the declaration that each applicant has proper and appropriate qualifications for nomination on the Labour panel. (In re Seanad Electoral Panal Members Acts— Ormonde and Dolan v. Smyth and the Attorney- General Pringle J.—9th July (1969). Scheme under Arterial Drainage Act must be suffi ciently detailed for owners to put forward considered objections Plaintiffs, owners of 1,300 acres of Adare Estate. The purpose of the Arterial Drainage Act 1945 was to make provision for improvement of land by means of works of arterial drainage; however power was given for compulsory acquisition of land, and for compulsory execution of works. Section 4, authorises the Board of Works to prepare an Arterial Drainage Scheme, and to make preliminary surveys; the lands drained and drainage works proposed to be affected must be clearly shown, as well as all consequential changes. Section 6 authorises the Board to give notice to persons whose lands are affected, stating where a copy of the scheme may be inspected, and what is proposed to be com- pulsorily acquired. The person affected may, within one month of receiving the notice, send to the Board all relevant observations in relation thereto. Section 7 empowers the Board to consider these observations, but, if the Board does not accede to them, it ultimately submits to the scheme to the Minister for Finance, who sanctions it. The Minister's sanction has the effect of giving the Board power to execute the drainage works contemplated, and to enter on any land neces sary, or to interfere with any land necessary to execute the scheme, and to acquire any land cumpulsorily if deemed necessary, or to interfere with any land, or to terminate any easements, or to divert any roads or bridges, before compensation is ascertained. B" Sec tion 12, the scheme mav be amended bv allowing the Board to acquire compulsorily or interfere with lands not mentioned in the original scheme. The Plaintiffs received 32 notices. They complain that no details of the height or width of the embank ment of the Maiguc River was given; as regards the weirs the wording was too broad to specify what works would be undertaken. The Plaintiffs submit that the right to make observations is ineffective unless the particulars of the scheme made bv the Board are sufficiently detailed. The Board contends it would ba impossible to give details as unusual difficulties may be encountered in carrying out the purpose of the Act to diminish excessive flooding by providing arterial drainage. However the President held that any owner of land is entitled to have regard to his own interests when the effects of legislation is being considered. Therefore the scheme of the legislation must be such as to enable a private owner to submit for consideration a genuine criticism of the Scheme. The Board and the Minister should not overrate the matter out of hand, but give due weight to all views expressed. It follows that the scheme should be sufficiently detailed to enable a person affected to offer considered objections. The scheme should cnotain a reasonably accurate account of what is proposed. The compansation provisions in the Act before an arbitrator reinforce this view. Accordingly the declaration sought by the Plaintiff as to the invali-