The Gazette 1972

which, in furtherance of an industrial dispute induces a breach of contract must henceforth be brought before this Court. If the Minister is of opinion that a threatened strike may bring great damage to the economy, or imperil national security, or risk public disorder, he may con- sider that a breathing space would be conducive to the settlement of a dispute and can then apply to the Court for a cooling-off period. If the Court has suffi- cient grounds for believing that any of these conditions exist, it may make an order in effect requiring the cessation of industrial action, and this order can be effective for a maximum period of sixty days. If the Minister thinks that industrial action is seriously injuri- ous to the livelihood of many workers in the industry concerned, he can order a ballot, and suggest that industrial action shall cease meanwhile, but it is for the Court to decide whether the circumstances warrant it. Mr. Harvey, having analysed the Act first in sum- mary form, then takes up the points he mentions, and devotes in Part I some 130 pages covering chapters relating to such matters as the Agency Shop, Remedial matters, Judicial and Advisory Bodies like the Indus- trial Court and the subordinate Industrial Tribunals. The Industrial Relations Act 1971 is printed in full in Part II, covering some 260 pages. Readers are referred back in respect of each section to the relevant commentary in Part I, and there are references back to other sections for various definitions appearing in the section. Anyone who wishes to try to construe the intri- cacies of the Act will have his burdens greatly eased by Mr. Harvey's commentaries and notes. This is undoubt- edly the volume which contains most information and Mr. Harvey is to be congratulated on the tremendous amount of labour he must have expanded in clari- fying for us what must have been an exceptionally difficult task. Mr. Christopher Heath's guide contains an intro- duction of 80 pages, then the full text without com- ment of the Industrial Relations Act 1971. Mr. Heath prints the Code of Industrial Relations Practice in full which relates to usch matters as responsibilities, employ- ment policies, communications and consultation, collec- tive bargaining and shop stewards; Mr. Harvey i§ con- tent to summarise it. On the other hand, Mr. Harvey has inserted an invaluable list of official publications and parliamentary debates. This reviewer does not con- sider that Mr. Heath has achieved his purpose. The introductory chapters of his guide are not easy to read and appear to require some deep previous knowledge of industrial relations. Mr. Heath does not appear to have the happy knack of explaining things simply, though some definitions like "to procure", "to finance", "to threaten" and "to induce" are carefully distin- guished. The aim of Mr. Hepple and of Dr. O'Higgins is to provide an introduction to the law affecting the indivi- dual employment relationship. They rightly stress that the old-fashioned law of master and servant has now given way to labour law, in which statutory protection of the rights of individual workers has come to occupy a central position. The purpose of the book is to give a systematic and integrated view of common law and statutory duties. As might be expected from two emin- ent law lecturers in Cambridge, this purpose has been admirably achieved.

The wide scope of the volume is shown by the fact that such problems as co-operation between employer and employee, the duty of an employer tó take reason- able care for the safety of his employees, and that of the employee to serve faithfully and honestly are fully considered. Abundant case law is given in support of the various points. We must defer to Dr. O'Higgins, who is an expert on Irish industrial law, but who has chosen not to cite Irish cases. Problems of remuneration going back to the historical Truck Acts, and of parti- cipation in a strike are dealt with in their customary masterful way, and the Industrial Relations Act 1971 is only mentioned where necessary. Any Irish practi- tioner who wishes to get to know the intricacies of the English Industrial Relations Act 1971 would do well to read Mr. Hepple's and Dr. O'Higgins's Introduction to Individual Employment before embarking upon Mr. Harvey's more elaborate and specialised tome. It is unfortunate that Irish practitioners in labour law have as yet no reliable text-book, though it is understood that Mr. McCartney of Queen's University is preparing one. The Modern Law of Animals by P. M. North; London, Butterworth, 1972; 8vo; xxix plus 229 pp. Professor Glanville Williams published his scholarly monograph on Liability for Animals in 1939 and no book has been published on this abstruse subject since then. We had already been indebted to Mr. North, a Fellow of Keble College, Oxford, for his learned work on Occupier's Liability in 1971. As might be expected, the learned author has incorporated all decisions relat- ing to this subject, not merely from England, but also from Australia, Canada and New Zealand. With the extended jurisdiction conferred upon the Circuit Court by the Courts Act 1971 it is unlikely that many deci- sions relating to animals in the future will be reported in Ireland, as a claim for more than £2,500 damages in such a case would probably be exceptional. Neverthe- less the subject is of vital importance for rural practi- tioners, and cases of cattle straying or sheep worrying by dogs are not uncommon. The law on the subject in England has been brought up to date by the Ajiimals Act 1971 which provides inter alia that in all circum- stances in which a dog causes damage by killing or injuring livestock, the keeper of the dog is normally liable, and that if livestock belonging to anyone strays on to land in the ownership or occupation of another, the owner of the livestock is normally liable. The well- known common law rule, which excludes the duty which a person reasonably owes to others to see that damage is not caused by animals straying on the high- way, is abolished; henceforth the owner of the straying animal will be liable. If a dog is worrying livestock, the owner of the livestock shall no longer be liable for killing the dog, if he acted for the protection of the livestock, and gave notice to the police of such killing within 48 hours. These reforms, which are explained in detail by Mr. North, will probably exceed the perpe- tuity period before they are enacted in Ireland but Mr. North is also admirably concise in explaining the old law which still applies here. This book can be recom- mended specially to rural practitioners who have to grasp legal problems connected with the law relating to animals.

149

Made with