The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

ILT DIGEST OF LEGISLATION AND REPORTED CASES Compiled by DAVID BOYLE

calves to assure their health and welfare. The Regulations came into operation on 25 April 1995. European Communities (Welfare of Pigs) Regulations 1995 (SI No. 91 of 1995) These Regulations lay down standards for the protection of pigs kept in intensive or other systems of breeding, rearing or fattening and give effect to Council Directive No. 91/630/EEC (of 19 November 1991). The Regulations set down rules for the accomodation of pigs and the general conditions to be met to assure their health and welfare. The Regulations came into operation on 25 April 1995. COMPETITION Dermot Donovan and Ors v. Electricity Supply Board High Court (Costello )) [1994] 2 ILRM 325 Abuse of a dominant position - Monopoly supplier of electrical power - Electrical contracting services market - Whether conditions for supply and self- regulatory body's rules affecting competition - Restrictions on admission to trade association - Subsequent removal of restrictions - Supply of electrical power to installations covered by completion certificate - Requirement that works carried out by non-registered contractors had to be certified by inspector employed by the association - Effect of notification to Competition Authority - Competition Act 1991, ss. 4, 5, 6, 7 - EC Treaty, Articles 85, 86 CONSTITUTIONAL Regulation of Information (Services Outside the State for Termination of Pregnancies) Act 1995 (No. 5 of 1995) This Act (see (1995) 13 ILT 90) came into effect on 12 May 1995 on the President's signature, and in accordance with the decision of the Supreme Court in In Re the Regulation of Information (Services Outside the State for Termination of Pregnancies) Bill 1995, Supreme Court, 12 May 1995 (for full text of judgment, see Irish Times, 13 May 1995). fames Howard and Ors v. Commissioners of Public Works in Ireland, Ireland and the Attorney

General High Court (Lynch ]) [1994] 2 ILRM 301 Separation of powers - Determination in previous set of proceedings that Commissioners of Public Works had no power to develop site as a visitor centre - Injunction restraining such develop- ment - Statute subsequently conferring power on state authorities to engage in development - Whether an injustice done to the persons who brought the original proceedings to restrain the development - Whether an unconstitu- tional incursuion by the Oireachtas into the judicial domain - State Authorities (Development and Management) Act 1993, ss.2(1), (2), (3) - Constitution of Ireland 1937, Articles 6, 34, 40, 43 Practice - Order granting injunction drafted in excessively absolute terms which failed to take into account possibility of grounds for injunction being subsequently removed - Need for order amending or vacating earlier order - Inability of a court in a sepatate set of proceedings to alter order District Judge Liam Oliver McMenamin v. Ireland, the Minister for Justice and the Attorney General High Court (Geoghegan j) [1994] 2 ILRM 368 Remuneration of Judges - Duty of State to make salary and pension arrange-ments for judges which ensure the independence of the judiciary - Constitutional duty to secure pension rights for district judges which are not irrational or wholly inequitable - Constitutional obligation to alter and update mechanism in the light of changed circumstances if necessary - Reduction in amount of pension payable to district judges designed to meet costs of retirement and death gratuities - Changed circumstances resulting in disparity between the benefit received by way of gratuity and the amount lost by way of reduction in pension - Courts (Supplemental Provisions) Act 1961 - Courts of Justice and Court Officers (Superannuation) Act 1961, s.2 - Constitution of Ireland 1937, Articles 35, 36 Equality - Difference between Circuit Court judges and District Court judges regarding number of years service required in order to qualify for full pension - Whether unfair discrimination - Whether inequality between judges as human persons - Constitution of Ireland 1937, Article 40.1

ADMINISTRATIVE LAW Heritage Act 1995 (No. 4 of 1995) This Act came into effect on its signature by the President on 10 April 1995. Cf. (1995) 13 ILT 119. Ethics in Public Office Bill 1994 This Bill, presented by the Tánaiste and amended in the Select Committee on Finance and General Affairs, aims to provide for the disclosure of interests of holders of certain public offices (including members of the Houses of the Oireachtas) and designated directors of and persons employed in designated positions in certain public bodies. It also aims to provide for the appointment by each such House of a committee, and for the establishment of a commission to investigate contraventions of the proposed legislation and to establish guidelines to ensure compliance therewith. It also aims to provide for the prohibition of the retention of valuable gifts by holders of certain public offices and the amendment of the Prevention of Corruption Acts 1889 - 1916. Eugene Dudley v. An Taoiseach, the Government of Ireland, Dáil Éireann and the Attorney General High Court (Geoghehan J) [1994] 2 ILRM 321 Judicial review - Whether declaratory relief is obtainable against Dáil Éireann and the Taoiseach - Whether judicial review of the conduct of the government could be granted - Electoral Act 1923, s. 53 - Electoral Act 1992, s.39(2) Constitution - Whether there is a constitutional obligation to hold a by- election within a reasonable time of a vacancy occurring - Constitution of Ireland 1937, Articles 16.7, 40.1 AGRICULTURE European Communities (Welfare of Calves) Regulations 1995 (SI No. 90 of 1995) These Regulations lay down standards for the protection of calves kept in intensive or other systems of rearing or fattening and give effect to Council Directive No. 91/629/EEC (of 19 November 1991). The Regulations set down rules for the accomodation of calves and the conditions to be met by the owner or person in charge of the

1