The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

19

ILT DIGEST OF LEGISLATION AND REPORTED CASES Compiled by DAVID BOYLE

without any advocacy or promotion of abortion. The Bill only applies to informa- tion about pregnancy termination services (or their providers) outside the State which would be required by women in order to avail themselves of these services. Such information may not be provided in a notice in a public place or in a book, film, document or recording distributed with- out solicitation by the recipients. Informa- tion of a more general nature about abor- tion is not restricted. The Bill has been referred to the Supreme Court by the Presi- dent under Article 26 of the Constitution. Contempt Bill 1995 [Private Member's Bill] This Bill, as presented byMrWillie O'Dea, TD, aims to provide that a person shall not be guilty of contempt of court or of any other offence for refusing to disclose the source of information contained in any publication for which he is responsi- ble unless it is established to the satisfac- tion of the court or tribunal in question that such disclosure is necessary to pro- tect and vindicate the constitutional right of the individual or to protect the security of the State. Proceeds of Crime Bill 1995 [Private Member's Bill] This Bill, as introduced by Mr John O'Donoghue, TD aims to provide for the freezing and recovery of the proceeds of suspected, specified criminal activity and creates related criminal offences. Criminal Law (Sexual Offences) Bill 1995 [Private Member's Bill] This Bill, as introduced by Senator Cathy Horan, aims to extend the provisions of the Criminal Law (Rape) Act 1981 (as amended) to the prosecution and trial of offences concerning incest (under the Punishment of Incest Act 1908) and car- nal knowledge of under-age females (con- trary to the Criminal Law Amendment Act 1935). [See now Criminal Law (Incest Procedings) Bill 1995, below]. Criminal Law (Sexual Offences) (No. 2) Bill 1995 This Bill, as introduced by Mr John O'Donoghue, TD, aims to permit bona fide members of the press to attend at proceedings for offences contrary to the Punishment of Incest Act 1908. [See now 380 CRIMINAL

Criminal Law (Incest Procedings) Bill 1995, below). Criminal Law (Incest Proceedings) Bill 1995 This Bill, as presented by the Minister for justice on 1 March 1995, aims to reverse the effect of the decisions of the Central Criminal Court on 1 and 17 February 1995 holding that s.5 of the Punishment of Incest Act 1908 precludes the revela- tion of the verdict and sentence (if any) in a case of incest. People (Director of Public Prosecutions) v Brendan Hogan. Court of Criminal Appeal 1992 (O'Flaherty, Geoghan and Kinlen JJ) 12 January 1994. [1994] 2 ILRM 74 Accomplice evidence - Trial judge's charge to the jury - Warning as to danger of convicting an accused on basis of uncorroborated evidence of accomplice - Nature of corroboration required - Whether trial judge's direction to jury was defective given failure to set out reasons why accomplice evidence had to be treated with caution by a jury - Fact that accomplice had received reduction in sentence known to jury. Christopher O'Connell v Director of Public Prosecutions and the Hon. Mr Justice Spain. Supreme Court (Finlay CJ, Blayney and Denham JJ) [1994] 2 ILRM 21 Preliminary examination - Discharge of accused by district judge in respect of offences expressed to be in contraven- tion of regulations which had been re- pealed - Accused sent forward in respect of remaining charge - Addition of further charges to indictment by DPP - Two charges expressed to be in contravention of current regulations which replaced the regulations which had been repealed - Whether interference with judicial deter- mination-Criminal Procedure Act 1967, S.8(2), 18.

[In this issue, we begin a new-style ILT Digest, which incorporates a number of different ele- ments from previous regular features as well as new material not previously covered in the ILT. This new format ILT Digest will include cover- age of all legislation, whether Bills, Acts or statutory instruments as well as reported deci- sions of the superior courts. - ed.)

ADMINISTRATIVE LAW

Heritage Bill 1994 This Bill, the title of which has been amended in Committee from the Herit- age Council Bill 1994, aims to establish a body to be known as An Chomhairle Oidhreachta. The purpose of this body will be to promote public interest in and knowledge of the national heritage which shall include architectural heritage, flora, fauna, wildlife habitats, landscapes, sea- scapes, wrecks, geology, heritage gar- dens and parks and inland waterways. The Bill provides for the establishment and composition of this body and pro- vides for the exercise by the Minister for Arts, Culture and the Gaeltacht of func- tions in relation to the national heritage. Ministers and Secretaries (Amendment) Act 1995 (No. 1 of 1995) This Act, passed on 27 January 1995, amends the Ministers and Secretaries (Amendment) (No. 2) Act 1977 (as amended in 1980) by providing for an increase in the maximum number of per- sons who may be appointed by the Gov- ernment to be Ministers of State at De- partments of State from 15 to 17. Regulation of Information (Services Outside State for Termination of Preg- nancies) Bill 1995 This Bill, as presented by the Minister for Health on 22 February 1995, aims to specify the conditions under which certain infor- mation about pregnancy termination serv- ices outside the State may be made avail- able in the State. It arises from the Four- teenth Amendment to the Constitution, which affirms the right to obtain or make available such information subject to such conditions as may be laid down by law. The Bill aims to provided that pregnant women who seek such information from doctors or other pregnancy counsellors receive it only in the context of full coun- selling on all of the available options, CONSTITUTIONAL LAW

CONSUMER

Package Holidays and Travel Trade Bill 1995 This Bill, as presented by the Minister for Transport, Energy and Communications on 10 February 1995, aims to give effect to EC Directive 90/314/EEC (of 13 June 1990) on package holidays, package travel and package tours. The purpose of