The Gazette 1981

SEPTEMBER 1981

GAZETTE

Farm partnerships — a joint project T HE work of a tripartite body representing the Law Society, Macra na Feirme and the Agricultural Credit Corporation culminated in November with a symposium on Farm Family Partnerships, and the launching of a book of the same title. Wide practical experience — agricultural and legal — was represented on the Committee, of which the chairman was William D. McEvoy, solicitor, Enniscorthy. Other solicitors who served on the committee were Jeremiah Healy, Fermoy; Denis Hipwell, Wicklow; Dermot Jones, Agricultural Credit Corporation; Rory McEntee, Trim, Co. Meath; and William A. Osborne, Naas, Co. Kildare, a Past President of the Society. James Cleary, Farm Partnerships Advisor, edited the publication which is reviewed elsewhere in this edition of the Gazette. By launching the book at a symposium in the Society's premises, a forum for discussion was provided for members of the farming community, reinforcing the relationship established by the previous symposium held at Blackhall Place, on "The Farmer and the Law". This was the subject of comment by Dermot Jones, solicitor, ACC, the organisation funding the project, who emphasised the role played by the Law Society and the ACC in the publication of the book as representing a further development of the close liaison between these bodies, particularly in relation to matters involving the furtherance and deeper understanding of agricultural law. The comments of the majority of the 230 attendees as they left the hall, can be summed up in the remark: "It was interesting and worthwhile."

An enquiry held by the Commission under this Act would be deemed to be an enquiry under Section 5 of the Restrictive Practices Act 1972. After the Commission has reported, the Minister may, if he thinks that the exigencies of the common good so warrant, after consultation with any other Minister of the Government appearing to him to be concerned, he may be either:— (a) Prohibit the continuance of die monopoly except on conditions specified in the Order, or, (b) Require the division, in a manner and within a period specified in the Order, of the monopoly by the sale of assets or otherwise so specified. If the Minister makes an Order of this kind, he shall state his reasons for doing so. Further the Minister does make an Order under this Section, it will not have effect until it is confirmed by an Act of the Oireachtas and after that it will have the force of Law. One difficult question is what "goods or services of a particular kind" means. For example a whiskey producing Company might have 60% of the whiskey market but this might only represent 3% of the total sale of alcoholic drinks. Is such a manufacturer therefore to be considered as having monopoly (of sales of whiskey) or merely have a very small share of a large market (i.e. the drinks market). There is no immediate answer as to which argument is right. Even if the Minister holds an enquiry and finds there is a monopoly as such, he may well take the view that it is the kind of monopoly that does not restrict competition and therefore may not make any Order. •

SAINT LUKE'S

CANCER

RESEARCH FUND

Gifts or legacies to assit this fund are most gratefully received by the Secretary, Esther Byrne, at Oakland, Highfield Road, Rathgar, Dublin 6. Telephone 976491.

MARRIAGE COUNSELLING — can we help? Catholic Marriage Advisory Council. Contact:

THE SECRETARY, C.M.A.C. 35 Harcourt Street, Dublin 2, Telephone No. 780866 or consult the Telephone Directory tor your local centre.

This fund does not employ canvassers or collectors and is not associated with any other body in fundraising.

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