The Gazette 1972

aerodromes, but in my view it is not to be found in the section relied on. No other authority was suggested dur- ing the course of the argument. Accordingly, I consider that the plaintiff has not shown that he had any right to recover the landing fees claimed in this action and that his action should be dismissed." The Irish Times (1st June 1972)

a Department of State, to which was assigned the administration and business of the public service of the State in relation to specific matters. He was not essentially a trading corporation. The section did not specifically give any right to engage in the business of aerodrome operator but merely a rignt to establish and maintain aerodromes. Thorough search of similar legislation The President continued : "I made a fairly thorough search through other legislation in an attempt to find a similar provision which has been read as conferring on a Minister of State an implied power to charge for the services provided by him and I have failed to find any." During the course of hia starch it occurred to him that Ministers of State did carry on certain activities of a public nature and made charges in respect of them. For example, the Minister for Posts and Telegraphs carried on the business of the Post Office and also tele- graphic and telephonic communication. It appeared that the Minister had a statutory monopoly in these businesses and that the charges were fixed by virtue of statutory provisions. The same Minister was authorised to carry on broadcasting stations under Section 17 of the Wireless Telegraphy Act, 1926, and Section 18 of the same Act authorised him to charge fees for the distribution from a broadcasting station of any class or classes of broadcasting matter and provide for the fixing of the amount of the fees to be charged. The Minister for Justice, who provided a service in the form of a registry of titles in the Land Registry, was authorised, under Section 14 of the Registration of Title Act, 1964, to charge fees. The Minister for Lands was given by Section 9 of the Forestry Act, 1946, what amounted to a power to engage in business as if we were a private person. The Minister for Transport and Power was given the express authority to charge for certain services rendered to aircraft under Section 12 of the Air Navigation (Euro Control) Act, 1963. No implied power to chaige for other services Departing from the domain of Departments of State to look at other public services, the President said that he found that County Councils had imposed on them, by Section 24 of the Local Authority Act, 1925, the duty of maintaining and constructing county roads. "But I think it would hardly be argued that this gave an implied power to charge tolls for the right of pass- age over such roads." Under the Health Act, 1970, Health Boards were authorised to provide and main- tain hospitals, but provision was made under Section 53, 54 and 55 for charges for hospital services. The President said that he had come to the conclu- sion that Section 37 of the Air Navigation and Trans- port Act, 1936, did not authorise the plaintiff to charge for the services which he provided at aerodromes. "He may have power to fix charges for landings at

Court order to prevent picketing by drivers. Eighteen lorry drivers employed by John A. Wood Ltd., Victoria Cross, Cork, have been restrained by an order of the Dublin High Court from picketing the com- pany's premises at Carrigtwohill, Classes, Garryhesta, Inchigaggin and Carrigrohane, in Co. Cork. It was stated that picketing has already cost the company £20,000. Anthony D. Barry, general manager and director of the company, in an affidavit, stated that the company employed 365 union members, 327 of whom, including the defendants, were members of the I.T.G.W.U. On March 14th an agreement was registered between that union and the company over rates of pay and overtime. It was the practice of the company to offer the em- ployees overtime work and no assumption of such work was made by the employees without the express offer of the company. On May 22nd the supervisor in charge of transport at the company's weighbridge at Classes, Mr. T. Lucey, told him that one of the defendants, J. P. Burns, had worked the previous Saturday without the offer of such work. Mr. Lucey stated that when questioned, Mr. Burns admitted that this was the case, but said it was his right to such work when the Readymix plant at Inchigaggin was in operation, and that if the com- pany attempted to interfere with this right the plant would be picketed by the defendants. Mr. Barry said that he instructed Mr. Lucey to deduct the hours worked by Mr. Burns from his pay sheet. On May 26th the defendants stopped work on the instigation of Mr. Burns. A union representative informed him that the union could not support the defendants in their unofficial action and could not pur- sue the defendants' grievances until they returned to work. Mr. Barry added that on May 30th it was reported to him by one of the company's drivers, who was not a defendant, that he was assaulted and quite severely battered while transporting a load of burned limestone from Carrigtwohill to Cork. He did not recognise who his assailants were. The President of the High Court, Mr. Justice O'Keeffe. granted the injunction to the company and it is effective until June 12th. The Irish Times (1st June 1972)

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