The Gazette 1995

OCTOBER 1995

GAZE1TE

Extradition Act 1965 - Whether sufficient correspondence of offences - Extradition Act 1965, ss. 8, 10, 29(1) - European Convention on Extradition 1957, article 7 2 - Extradition Act 1957 (Part II)(No. 23) Order 1989 - Constitution of Ireland 1937, Article 40.4.2 Statute - Interpretation - Strict construction - Mandatory effect of article 7.2 of the convention _. Extradition Act 1965, ss. 8, 10 - Extradition Act 1965 (part II)(No. 23) Order 1989 Una Mhic Mhathuna and Or v Ireland and the Attorney General Supreme Court (Finlay CJ, Egan, Blayney, Denham and Costello JJ) [1995] 1 ILRM 69 Marriage - Pamily - Tax and social welfare allowances for dependant children - Equity before the Law - Benefits received by married parents living together with dependant children as compared to those received by other parents - Abolition of tax free allowances for dependant children - Increase of children's allowances - Whether failure by the State to increase total value of allowances for such children in line with inflation constituted invidious discrimination against married parents or an attack against the family - Function of the court in determining challenge to constitutional validity of a statute - Role of the Oireachtas in managing the nation's finances - Income Tax Act 1967, ss. 138(1), 141 - Social Welfare Act 1973, s.8 - Finance Act 1979, s. 4 - Social Welfare (Consolidation) Act 1981, s. 197 - Finance Act 1986, ss. 3, 4 - Social Welfare (Social Assistance Allow– ance) Regulations 1973, r. 7 - Constitution of Ireland 1937, Articles 40.1, 41.1, 41.2, 41.3.1 0

2° Any person remanded in custody pending trial by reason of a judge bei ng satisfied that there is a probability that the person will commit a class of criminal offence which is also an indictable offence if admitted to bail shall not be remanded in custody for that reason for any single period gr,eater that ninety days.' James Tuohy v. Daniel J Courtney and Drs Supreme Court (Finlay CJ, Egan, Bla.yney and Denham Jl) [1994] 2 ILRM 503 Limitation of actions - Whether limitation of actions interferes with constitutional right of access to the courts - Right to litigate an unenumerated right - Whether right to litigate also constitutes a property right - Right of the Oireachtas to balance the need for certainty against the hardship suffered by individuals whose rights of action are extinguished without their becoming aware of them - Constitution of Ireland 1937, Articles 40.3.1, 40.3.2 - Statute of Limitations 1957, ss. 11 (1 )(a), (2)(a) Locus standi - Plaintiff's standing to challenge provisions of the Statute of Limitations 1957 - Whether plaintiff had been aware of cause of action within the impugned limitation period Practice - Appeal - Jurisdiction of the Supreme Court in reviewing findings of primary fact made by a trial judge - Whether evidence to support findings of trial judge Poul John Aamand v. Judge Peter Smithwick and the Attorney General Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1995] 1 ILRM 61 Criminal law - Enquiry - Extradition - Penal statute - Strict construction - Whether European Convention on Extradition 1957 incorporated in its entirity into Irish law - Mandatory effect of article 7.2 of the convention - Place of commission of offence outside the territory of the requesting country - Appl ication of Part II of the

CONTRACT

William Neville and Sons Ltd v. Guardian Builders Ltd Supreme Court (Finlay CJ, Blayney and Denham JD [1995] 1 ILRM 1 Frustration - Licence agreement - Need to purchase land from local authority in order to ga in access to plot of land - Agreements to purchase land subject to conditions regarding access by third party - Whether supervening event had occurred which changed the nature of the outstanding contractual obi igations from what the parties could reasonably have contemplated at the time of the contract's executiu,l - Whether parties should be discharged from further performance of the contract Stamp Duty (Particulars to be Delivered) Regulations 1995 (SI No. 144 of 1995) These Regu lations spec ify the particulars to be delivered to the Revene Commissioners in respect of certain transfers and leases of land. The Regul at ions will affect instruments executed on or after 1 September 1995. CONVEYANCING Transfer of Sentenced Persons Bill 1995 This Bill has been passed by Dail Eireann. Cf. (1995) 13 ILT 146. Sexual Offences (Jurisdiction) Bill 1995 This private member's Bill, as introduced by Mr Eoin Ryan, TO and Mr John O'Donoghue, TO, aims to extend the criminal law of the State to try sexual offences against children committed elsewhere, but which if comm itted in this State would constitute a criminal offence, by citizens of the State or by persons ordinarily resident in the State. CRIMINAL

CONSUMER

Consumer Credit Bill 1994 This Bill has been passed by Dail Eireann. Cf. (1995) 13 ILT 119.

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