The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

1995

Criminal Procedure Bill 1995 This private member's Bill, as intro- duced by Mr John O'Donoghue, TD, aims to provide for the prompt hearing of criminal trials and to establish a new procedure for the preparation for trial of indictable offences. Domestic Violence Bill 1995 This Bill, as presented by the Minister for Equality and Law Reform, aims to amend the law on the protection of persons from violence in the home. It proposes to extend the law on 'barring orders' and 'protection orders' (at present confined to spouses and their children) to wider classes of person including cohabitants and their children. The Bill also aims to give the court power to order long term protection orders (to be known as 'safety orders'), to give new powers to the health boards to apply for orders under the Bill, to increase penalties and to give new powers of arrest to the Gardai in dealing with cases of domestic violence. Public Prosections) v. M. Supreme Court (Finlay CJ; O'Flaherty, Egan, Blayney and Denham JJ) [1994] 2 ILRM 541 Appeal - Sentence - Severity - Buggery and indecent assault - Whether sentence excessive Principles of sentencing - Constitut- ional rights of an accused person - Guilty plea - Recognition of offender's personal circumstances - Prospect of rehabilitation - Reduction of sentence in mitigation - Offences Against the Person Act 1861, ss. 61, 62 - Criminal Law (Rape) (Amend- ment) Act 1990, ss. 2, 4 People (Director of Energy (Miscellaneous Provisions) Bill 1995 This Bill, as presented by the Minister for Transport, Energy and Communications, aims to implement a wide variety of proposals relating to the prodution, supply, sale, transmission, distribution and use of certain forms of energy and matters incidental to those activities. ENERGY

to harmonise the term of protection of copyright and certain related rights with that of other EU Member States in accordance with Council Directive 93/98/EEC (of 29 October 1993). The Regulations, which do not have the effect of shortening any term of protection which is already running, came into effect on 1 July 1995. Irish Medicines Board Bill 1995 This Bill, as presented by the Minister for Health, aims to provide for the establishment of the Irish Medicines Board and to transfer to this Board the authority (currently exercised by the Minister for Health) for licensing human medicines and granting permissions to conduct clinical trials. Safety, Health and Welfare at Work (Signs) Regulations 1995 (SI No. 132 of 1995) These Regulations implement Council Directive 92/58/EEC on the minimum requirements for the provision of safety and/or health signs at work. The provisions of the Regulations extend to all places and they relate to signs referring to a specific object, activity or situation which provide information or instructions about safety and/or health at work by means of a signboard, a colour, an illuminated sign, an acoustic signal, a verbal communication or a hand signal. The Regulations came into effect on 1 June 1995 and revoked the European Communitie's (Safety Signs at Places of Work) Regulations 1980. Safety, Health and Welfare at Work (Construction) Regulations 1995 (SI No. 138 of 1995) These Regulations implement Council Directive 92/57/EEC on the minimum safety and health requirements at temporary or mobile construction sites. They revoke the Construction (Safety, Health and Welfare) Regulations 1975 and 1988. The Regulations apply to all construction projects as well as to the HEALTH AND SAFETY

EUROPEAN COMMUNITY

Bosphorus Hava Yollari Turzim v. Minister for Transport and Ors High Court (Murphy j) [1994] 2 ILRM 551 Legislation - Council Regulation - Impounding aircraft in which a majority or controlling interest held by Yugoslav person or undertaking - Aircraft leased by Yugoslav undertaking to Turkish company - Aircraft impounded in Ireland - Nature of 'interest' - Whether interest in posession - European Communities (Prohibition of Trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)) Regulations 1993 - Council Regulation 990/93/EEC Legislation - Regulation - Inter- pretation - United Nations Security Council Resolution basis for regulation - Whether judicial or academic interpretation of resolution of assistance - Teleological or schematic approach - United Nations Security Council Resolution 820/1993 - Council Regulation 990/93/EEC M.P.D. v. S.M.B. High Court (Budd ]) [1995] 1 ILRM 30 Custody - Child abduction - Wrongful removal and detention of child by mother outside child's country of habitual residence - Application by father for return of child - Whether father acquiesed in child's removal - Whether there was a grave risk that return would cause physical or psychological harm to the child - Child Abduction and Enforcement of Custody Orders Act 1991 - Hague Convention on the Civil Aspects of International Child Abduction 1980, articles 3, 12, 13 FAMILY

INTELLECTUAL PROPERTY

European Communities (Term of Protection of Copyright) Regulations 1995 (SI No. 158 of 1995) The purpose of these Regulations is

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