The Gazette 1974

The Attorney-General pleaded that a judgment or decision regarding Michael's activities as a singer or entertainer or otherwise were not matters within the religious and moral, intellectual, physical or social edu- cation of Michael. At the trial of the action earlier this month, it had been stated that in the nine months of his career the boy had become widely known as a singer and that £800 had been put into the bank for him. Prosecutions had been instituted, however, in respect of public per- formances by the boy and his career had had to be abandoned. In the course of his judgment, Mr. Justice Finlay said that the boy still had the right to perform in many different types of place and in many different circumstances provided they did not include the places specified, in the Act, between the hours of 9 p.m. and 6 a.m. He could prepare for a career which could commence as a professional singer with relatively minor restrictions when he reached the age of 10 and with minimal restrictions when he reached 11. [Landers v. Attorney General; unreported; Finlay J .; 21 January 1974.] Court may not interfere with Government in its execu- tive functions—Sunningdale Conference. The circumstances in which the courts may or may not interfere with the Government, in the exercise of its executive functions, were discussed by the Supreme Court in Dublin, when the court gave its reasons for dismissing the appeal brought by Kevin Boland, the leader of Aontacht Eireann. Mr. Boland, an engineer and farmer, of Red Gap, Rathcoole, Co. Dublin, had appealed against a decision of the High Court dismissing his action in which he had sought that a declaration that any agreement signed by the Government in the terms set out in the Sunningdale communique would be repugnant to the Constitution. Murnaghan J. had made an order for costs" against Mr. Boland and the Supreme Court ordered that the costs of the appeal also be awarded against him. The appeal was heard by the Supreme Court last week and the court dismissed the appeal when the argu- ment had finished. The Chief Justice said that the reasons for the court's decision would be given later and these were announced yesterday. Functions of Dail In the course of his judgment, the Chief Justice (Mr. Justice Fitzgerald) said that in the High Court Mr. Justice Murnaghan had decided that Paragraph 5 of the agreed communique did not acknowledge that Northern Ireland was part of the United Kingdom; that the clause was no more than a statement of policy, and that the court should not purport to usurp the functions of Dail Eireann in seeking to control the Government in the exercise of its functions. It appeared to him (the Chief Justice) that the following matters had to be determined by the Co u r t: (1) the meaning and effect of clauses 5, 6 and 20 of the agreed communiqué, and (2) the jurisdiction of the High Court or the Supreme Court, in the existing cir- cumstances, to intervene or seek to control the exercise of the Executive of its functions. The Chief Justice said that the authorities cited by Mr. Seamus Sorohan, S.C. (for Mr. Boland), in so far 59

and the order forfeiting his fishing gear. The skipper, Emil Coyan, was convicted by District Justice O'Donovan in Cork City Court on 3 November 1972. He had ordered the detention of the trawler Pending the payment of the fine, but on the payment °f £11,000 bail, the boat was released. In February of this year the High Court granted a conditional order against the District Justice to show cause why the conviction should not be quashed. Mr. Justice Gannon, in a reserved judgment, made absolute the conditional order and quashed the order of the District Justice. It had been submitted on behalf of the French skipper that the conviction or order of the District Court was had on its face in that it purported to convict him of an offence unknown to the law and that the consequent °rder of forfeiture of fish and gear was also bad. The judge held that having illegally entered the territorial waters of the State, there was no offence ynder Section 221 of the Fisheries (Consolidation) Act, 1959, as amended, of unlawful fishing. The section did, however, make unlawful entry to territorial waters an offence and the foreign trawler had al so been fined £100 for illegal entry. „ [State (Coyan) v. Attorney General; Gannon J.; January 1974.] Father of 8-year-old loses action—Boy singer controlled by Act. In a reserved judgment delivered in the High Court, ~ u blin, Mr. Justice Finlay refused to make a declaration that certain sections of the Prevention of Cruelty to Children Act, 1904, were unconstitutional. . A Co. Kildare Army sergeant who claimed that his ei ght -year-old son had been prevented by the provisions the Act from pursuing his career as a professional ^nger and musician, lost his action, but Mr. Justice hinlay held that the decision to test the constitution- a hty of the sections had been responsibly taken and he ^ a d e no order as to costs. The action had been taken by Thomas Landers, of J^lcullen, Co. Kildare, against the Attorney-General, ^ f g e a n t Landers claimed a declaration from the court "tat sub-section (b) and (c) of section 2 of the Act ^ r e inconsistent with the Constitution; that they were n ° t carried forward by Article 50 of the Constitution a n d they were no longer part of the law of the State. Sergeant Landers pleaded that Michael Landers, the V°ungest of his six children, had a singing voice of un- usually pleasing quality and a great talent for learning, Understanding and singing songs, and a great capacity ° r entertaining young and old. both Sergeant Landers and his wife considered offers a n d opportunities for their son having regard to his n atural requirements; his physical, mental, emotional, ^oral and educational development; the great enjoy- ment which performing in public brought to him; his natural talents for entertaining, and they also considered ne advantages likely to accrue to Michael if money, otherwise unobtainable, could be put by for his later a dvancement in life. Conditions of Contract examined In the end both they and their children decided that Michael should accept engagements for singing so long a s the terms and conditions, including conditions as to Payment, were suitable.