The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER 1995

Social (Consolidated Payments Provisions)(Amendment) (No. 2) Regulations 1995 (SI No. 94 of 1995) These Regulations provide for the maximum and minimum rates of Adoptive Benefit at the same rates as those currently applying to Maternity Benefit (ie. £158.90 and £74.20). The regulations came into effect on 19 April 1995. Welfare Finance Act 1995 (No. 8 of 1995) This Act was signed by the President on 2 June 1995 and will come into effect on various dates provided for in the Act. (Cf (1995) 13 ILT 147.) T C Brosnan (Inspector of Taxes) v. Leeside Nurseries Ltd High Court (Murphy J) [1994] 2 ILRM 459 Corporation Tax - Relief for manufac- tured goods - Cultivation - Manufac- turing process - Whether cultivated plants were manufactured - Finance Act 1980, Part I, Chapter VI, s. 39 Occupiers' Liability Bill 1994 This Bill was passed by Dáil Éireann on 10 May 1995. (Cf (1995) 13 ILT 121.) Dermot Barry v. Nitrigin Eireann Teo and Or High Court (Costello J) [1994] 2 ILRM 522 Employers' liability - Health and safety - Factory - Noise exposure - Whether exposure to noise causing deafness - Whether employer in breach of statutory duty - Employer providing hearing protection - Whether hearing protection reducing employee's exposure to noise levels - Whether employer in breach of common law duty of care to employee - Factories (Noise) Regulations 1975, Regulations 4(1), 7(1). TAXATION TORT

used by broadcasting authority - Whether compatible with statutory obligations - Whether fair, objective and impartial - Test of unreason- ableness - Purpose of judicial review proceedings- - Broadcasting Authority Act 1960, s. 18 - Broadcasting Authority (Amend-ment) Act 1976, s. 3(1)

PRACTICE AND PROCEDURE

Civil Legal Aid Bill 1995 This Bill was passed by Seanad Eireann on 15 June 1995. (Cf (1995) 13 ILT 92.) Clients' Moneys) Regulations 1995 (SI No. 108 of 1995) These Regulations rescind the Solicitors Professional Practice, Conduct and Discipline Regulations 1986. They require solicitors, to whom regulations made under s.66 of the Solicitors Act 1954 (as substituted by s.76 of the Solicitors (Amendment) Act 1994) apply, who hold money for or on account of a client to account to that client for interest thereon, save where the amount of such interest would be less than £75.00. The Regulations came into operation on 3 May 1995. Corp- oration of Ireland pic High Court (Morris |) [1994] 2 ILRM 444 Limitation of actions - Fatal accident - Deceased not covered at time of accident - Claim to recover damages from insurer in lieu of deceased - Appropriate limitation period - Whether claim against insurer created new cause of action with separate limitation period - Civil Liability Act 1961, s. 9 - Road Traffic Act 1961, ss. 56, 76 Negligence - Road traffic accident - Damage to property - Insurance - Cover held in excess of statutory minimum - Claim against insurer - Whether limited to statutory minimum - Statute - Interpretation - Road Traffic Act 1961, ss. 56, 76 Telefis Eireann High Court (Kinlen J) [1994] 2 ILRM 472 Judicial review - Broadcasting - Elections - Television coverage - Independent candidates - Participation in election programmes - Criteria Solicitors (Interest on Bus Eireann v. Insurance Paddy Madigan v. Radio

SOCIAL WELFARE

Social Welfare (No. 2) Bill 1995 This Bill, as presented by the Minister for Social Welfare, aims to provide for the necessary changes in the Social Welfare Code so as to ensure that no spouse will be disadvantaged in terms of his or her social welfare entitle- ments as a result of his or her legal status being changed from married, separated or deserted to divorced. Social Welfare (Subsidiary Employ- ments) Regulations 1995 (SI No. 80 of 1995) These Regulations consolidate the existing provisions relating to subsidiary employments and provide for amendments to existing references necessitated by the Social Welfare (Modifications of Insurance) (Amend- ment) Regulations 1995. They specify certain categories of employment as being of a subsidiary nature and not the principal means of livelihood. The Regulations came into operation on 6 April 1995. Social Welfare Act 1995 (Section 11 MCommencement) Order 1995 (SI No. 93 of 1995) Section 11 of the Social Welfare Act 1995 provides for the payment of Adoptive Benefit, subject to certain PRSI conditions, to people granted adoptive leave under the provisions of the Adoptive Leave Act 1995 (as to which, cf (1995) 13 ILT 91). This Order brought s. 11 into operation with effect from 19 April 1995.

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IRISH LAW TIMES. JULY 1995