The Gazette 1995

GAZETTE

JULY 1991:

Separation of powers - Refusal by court to declare enactment unconstitutional - Declaration as to breach by State of its constitutional obligations - Need for legislation to remedy breach - Inability of court to require the introduction of legislation which would remedy breach feremiah Anthony Cahalane v. His Honour fudge Anthony J Murphy and the Director of Public Prosecutions Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1994] 2 ILRM 383 Trial of offences - Trial in due course of law - Judicial Review - Offences against the Revenue - Preparation of charges - delay in charging the applicant and returning for trial - Whether delay excessive and unconscionable Prejudice - Death of potential witnesses - Hardship caused by revocation of licence to carry on business - Constitution of Ireland 1937, Articles 38, 40 - Finance Act 1983, ss.92(2)(4), 94(2)(a)(d)(e), 95(5) - Finance Act 1988, s.9(1) CONSUMER The Package Holidays and travel Trade Bill 1995 has been amended in the Select Committee on Enterprise and economic Strategy. Cf. (1995) 13 ILT 90. CONTRACT Declan Kelly v. Cruise Catering Ltd and Or Supreme Court (O'Flaherty, Egan and Blayney J|) [1994] 2 ILRM 394 Postal rule - Contract made by post between plaintiff who was in Ireland and company in Norway - Place where contract was made - Contract signed by plaintiff and posted in Ireland to company in Norway - Whether acceptance complete when put in post box Practice - Procedure - Action for breach of Contract - Application to serve originating summons out of the jurisdiction - Whether Ireland was place where contract was made - Forum non conveniens - Comparitive cost and convenience of proceedings in this jurisdiction as to opposed to place of defendant's residence - Rules of the Superior Courts 1986, 0.11, r.1(e)(i), 0.11, r.2 CRIMINAL The Criminal Law (Incest Proceed- ingsMNo. 2) Bill 1995 was passed by Seanad Eireann on 27 April 1995. Cf. fl995) 13 ILT 118

Transfer of Sentenced Persons Bill 1995 This Bill, as presented by the Minister for Justice, aims to provide for the transfer between the State and places outside the State of persons for the time being detained in prisons, hospitals or other institutions under orders made in the course of the exercise by courts and tribunals of their criminal jurisdiction. The enactment of the Bill will allow the State to ratify the European Convention on the Transfer of Sentenced Persons (1983) and to give effect to the Agreement on the Application among Member States of the European Communities of the Council of Europe Convention (1987). Criminal Law (Bail) Bill 1995 This private member's Bill, introduced by Mr John O'Donoghue, TD, aims to regulate the law regarding the admission of accused persons to bail and to provide for the duties and responsibilities of bailspersons. H v. Director of Public Prosecutions and the Commissioner of An Garda Síochána Supreme Court (O'Flaherty, Egan and Denham |j) [1994] 2 ILRM 285 Judicial review - Mandamus - Director of Public Prosecutions - Failure to initiate prosecution - Whether discretion reviewable - Grounds of review - Whether private citizen can compel Director to provide reasons for failure to initiate prosecution - Whether director obliged to provide witness statements and documents to facilitate private prosecution EMPLOYMENT Adoptive Leave Act 1995 (No. 2 of 1995) This Act is now in force with effect from 20 March 1995. Cf. (1995) 13 ILT 91 and (1995) 13 ILT 119. ENVIRONMENT Environmental Protection Agency ( L i c en s i ng ) ( Amendmen t ) ( No . 2) Regulations 1995. (SI No. 76 of 1995) These Regulations amend article 23 of the Environmental Protection Agency (Licensing) Regulations 1994 to provide for the availability for inspection or purchase of documents related to applications for licences, revised licences or review of licences. The Regulations also require that any written report by or for the Agency for the purposes of a licence determination or decision will also be made available for inspection or purchase, over an extended period, following the making of the determination or decision.

EUROPEAN COMMUNITIES European Communities (Amendment) Bill 1995 This Bill, as presented by Senator Maurice Manning, aims to amend s.4 of the European Communities Act 1972 in order to reflect the decision to establish the Joint Committee on European Affairs by transferring the Statutory functions exercised by the Joint Committee on Foreign Affairs in relation to the supervision of EC secondary legislation to the Joint Committee on European Affairs. Ailish Young v. Pharmaceutical Society of Ireland, the Minister for Health, Ireland and the Attorney General High Court (Murphy )) [1994] 2 ILRM 262 EEC Treaty - Freedom of establishment - Recognition of pharmacy qualifications - Directive planning limitation on recognition of qualifications in order to prevent influx of pharmacists from member states where geographical distribution licensing systems operate into member states where there are no such rules - Registration of person who obtained recognised pharmacy qualifications in another member state - Regulations implementing directive - Registration did not entitle such a person to act as a pharmacist in respect of a pharmacy which had been in operation for less than three years - Whether limitation permitted by directive - Whether limitation inconsistent with right of establishment - Directive making it easier for persons to take up and pursue activities of self-employed persons - Limitation on facility rather than basic right of establishment - Pharmacy Act (Ireland) 1875, ss. 22A, 30 - Pharmacy Act 1962, s. 2(3A) - EEC Treaty 1957, Articles 54, 54, 57 - Council Directive 85/433/EEC - European Communities (Recognition of Qualifications in Pharmacy) Regulations 1987 - European Communities (Recog- nition of Qualifications in Pharmacy) Regulations 1991 HEALTH AND SAFETY European Communities (Efficency Requirements for New Hot Water Boilers Fired with Liquid or Gaseous Fuels)(Amendment) Regulations 1995 (SI No. 72 of 1995) The purpose of these Regulations is to give legal effect to Council Directive 93/68/EEC (of 22 July 1993) insofar as it relates to Council Directive 92/42/EEC (of 21 May 1992) on efficency requirements for new hot water boilers fired with liquid or gaseous fuels. They amend the European Communities

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