The Gazette 1995

AUGUST/SEPTEMBER

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GAZETTE

offences under the 1940 Act are increased and made applicable to bodies corporate.

accurate - Whether manner in which majority verdict reached flawed - Whether failure to record all conversa- tions with applicant amounted to a breach of Judges' Rules - Whether re-arrest imme- diately after release lawful - Courts of Justice Act 1924, s.33 - Criminal Justice Act 1984, s.10(3) Kieran Grennan v. District Judge Brian Kirby and the Director of Public Prosecutions: High Court (Murphy )) [1994] 2 ILRM 199 Procedure - Autrefois acquit- Grounds on which applicant's conviction quashed - Action of district judge of such a nature as to deprive him of jurisdiction to enter upon hearing of matter Judicial review - Certiorari - Whether applicant in jeopardy of conviction or trial a nullity from outset - Whether applicant could plead autrefois acquit where con- viction quashed by certiorari - Whether matter should be remitted to District Court Director of Public Prosecutions v. William Logan: Supreme Court (Finlay CJ, Egan and Blayney JJ) [1994] 2 ILRM 229 Assault contrary to common law - Offence capable of being prosecuted sum- marily or on indictment - Whether dis- pensation from six-month time limit per- taining to summary prosecution of an indictable offence applied - Petty Sessions (Ireland) Act 1851, s.10(4) - Offences Against the Person Act 1861, ss.42, 46, 47 - Courts of Justice Act 1924, s.77 - Criminal Justice Act 1951, ss.2, 7, 11. This Bill, as amended in the Select Committee on Enterprise and Economic Strategy, aims to revise and extend the law relating to consumer credit, hire-purchas- ing, hiring and moneylending and to enable effect to be given to Council Directive 87/102/EEC (of 22 December 1986) as amended by Council Directive 90/88/EEC (of 22 February 1990). To this end, it would repeal the Hire-Purchase Acts 1946 - 1980 and the Moneylenders Acts 1900 - 1989, repeal and amend cer- tain provisions of the Sale of Goods and Supply of Services Act 1980 and amend and extend the Pawnbrokers Act 1964. The Bill would provide that the Director of CONSUMER Consumer Credit Bill 1994

ADMINISTRATIVE LAW Heritage Bill 1994

This Bill was passed by both Houses of the Oireachtas on 29 March 1995 (cf. (1995) 13 ILT 90). European Communities (Award of Contracts by Entities Operating in the Water, Energy, Transport and Tele- communications Sectors) Regulations 1995 (SI No. 51 of 1995) These Regulations relate to EEC Council Directive 93/38/EEC which governs the procedures for the procurement of sup- plies, works (both building and civil engi- neering) and services, by certain entities operating in the water, energy, transport and telecommunications sectors. In gen- eral, the procedures must be followed when the contract value exceeds the rele- vant thresholds in the Directive. AGRICULTURE European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations 1995 (SI No. 50 of 1995) These Regulations implement the provi- sions of Commission Directive 94/61/EC (of 15 December 1992) which extends the period of provisional recognition of cer- tain protected zones of the Community to 1 July 1995, and corrects an error which occurs in the European Communities (Introduction of Organisms Harmful to Plants or Plant Products) (Prohibition) (Amendment) Regulations 1993 (SI No. 408 of 1993). This Bill, as presented by the Minister for Transport, Energy and Communications on 9 March 1995, aims to make express statutory provision for the renewal of min- erals prospecting licences and validate licences renewed to date since the enact- ment of the Minerals Development Act 1940, in effect to give statutory cover for the status quo. It also seeks to secure recoupment of the costs of the Minister for Transport, Energy and Communications in considering applications for State mining leases or licences or undertakings under the Minerals Development Acts 1940 - 1979, whether or not the applications are successful. Further, the penalties for COMMERCIAL Minerals Development Bill 1995

CONSTITUTIONAL Freedom of Information Bill 1995 This private member's Bill, presented by Senator Dick Roche, aims to provide for public access to documents concerning decisions or actions taken by a public institution, subject to certain exceptions. CRIMINAL Criminal Law (Incest Proceedings) (No. 2) Bill 1995 This Bill, presented by Senator Maurice Manning, aims to address the immediate problems arising from the rulings of 1 and 17 February 1995 of the Central Criminal Court and, in particular, the ruling that s.5 of the Punishment of Incest Act 1908 pre- cludes the revelation of the verdict and sentence (if any) in a case of incest. It is understood that the Criminal Law (Incest Proceedings) Bill 1995 (cf. (1995) 13 ILT 90), which has broadly the same effect as the present Bill, is to be withdrawn and that the present Bill, originating in the Senate, is the one which the government intends to pursue. Criminal Justice Act 1994 (Commence- ment) Order 1995 (SI No. 55 of 1995) This Order brought s.32(10) of the Criminal Justice Act 1994 into operation on 6 March 1995. The remainder of s.32 together with ss.57 and 58(2) were brought into operation on 2 May 1995. Director of Public Prosecutions v. Barry Byrne: Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1994] 2 ILRM 91 Summary offence - Prosecution - Dismissal of charge - Delay before trial - Whether such delay excessive - Whether such delay in breach of Article 38.1 of the Constitution - Whether delay without prejudice is ground for dismissal of charge - Constitution of Ireland 1937, Article 38.1 People (Director of Public Prosecutions) v. John McKeever: Court of Criminal Appeal (O'Flaherty, Lynch and Denham ||) [1994] 2 ILRM 186 Trial - Conviction - Application for leave to appeal against conviction and severity of sentence - Whether transcript of trial

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