The Gazette 1994

GAZETTE

JULY 1994

as well as in a wide spectrum of indiv- idual decisions on crimes identical or similar to Irish ones, considerable details are furnished of sentences imposed, general and particular factors considered in mitigation or aggravation. In addition, there are fully set forth the principles formulated to deal with particular sentencing scenarios such as where, despite a plea of guilty, the prosecution and defence remain at loggerheads over the particular facts involved. There is almost an embarrassment of detail here and, while some in Ireland would welcome a greater disposition towards issuing guidelines on the part of the The Family Law Bill was published on 9 February, 1994. When passed it will give the courts wide powers to make financial and property orders after a marriage is annulled. There are a number of sections which are relevant to the life assurance industry. In certain circumstances the court could make a "financial compensation order" requiring a person to either: • take out a life assurance policy for the benefit of his/her former spouse and dependants, or • assign an interest in an existing life assurance policy for the benefit of his/her former spouse and dependants. Life Assurance Policies

Court of Criminal Appeal, it is difficult to imagine an Irish system countenancing the number of piecemeal adjustments of penalties that are non-custodial in the court of first instance that the author refers to. The Irish Superior Courts have in fact set forth certain broad principles applicable to sentencing, as was done by the Supreme Court in regard to rape in Tiernan , but have been implicitly more reluctant to stipulate particular tariffs than their cross-channel counterparts, perhaps being wary of seeming to designate a "push-button" approach to sentencing, a course for which the author, whilst formally

disowning, appears to have a certain hankering. Apart from the persuasive importance of the case-law on sentencing, which is clearly and logically set out, Mr. Wasik also summarises helpfully all the relevant procedural areas, including provisions for young offenders. In this regard, although the book necessarily is not concerned with the substantively and administratively separate Scottish legal system, it is a pity that no reference is made to the innovative panel system in force there for children's hearings. N e w P l a n n i ng a n d E n v i r o n m e n t a l L a w J o u r n a l Brehon Publishing Ltd has launched Irish Planning and Environmental Law Journal, a quarterly publication which will provide authoritative articles on the important areas of environmental and planning law as they effect the practitioner. The journal will be edited by Eamon Galligan, Barrister and Bart Daly will act as Executive Editor. The journal is intended for solicitors, barristers, architects, engineers, town planners, local authority officers, estate agents and environmental consultants. Regular features will include EU environmental developments, developments in conveyancing practice and updates on primary and secondary legislation relevant to planning and environmental law. The annual subscription is £90.75 including VAT. An order form may be obtained from Brehon Publishing, Brunswick House, Brunswick Place, Dublin 2. Tel: 677 5111. Fax: 677 5272. Michael Moriarity SC

L i f e A s s u r a n c e a n d T h e F a m i l y L a w B i l l , 1 9 9 4

These changes proposed are revolutionary and will lead to a greater need for good personal financial advice in the event of a marriage break-up.

Consult SFS

For further information contact Tom Kennedy, Solicitors Financial Services, (tel. no. 676 7591) or write to Solicitors Division, IPT Financial Services, 25-28 Adelaide Road, Dublin 2. •

'Royal College of f Surgeons in Ireland

A LEGACYORDONATION

in favour of The Royal College of Surgeons in Ireland contributes to medical education and training and important research. Please think of us! For further details contact: The Registrar, Royal College of Surgeons in Ireland, 123 St. Stephen's Green, Dublin 2. Tel: (01) 4780200 Charity No. CHY1277

Part of the order may also require the person to keep up premium payments.

•

Splitting of Pension Benefits

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The Bill would also allow the courts to make a "pension adjustment order" which would split up the pension scheme entitlement of a pension scheme member in the event of his/her Carriage being annulled.

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