The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER 1995

ILT DIGEST OF LEGISLATION AND REPORTED CASES Compiled by DAVID BOYLE

European Communities (Protection of Animals at Time of Slaughter) Regu- lations 1995 (SI No. 114 of 1995) These Regulations lay down standards for the protection of animals at the time of slaughter and give effect to Council Directive No. 93/119/EC (of 22 December 1993). The Regulations set out the rules for the treatment of animals prior to death and for humane methods of slaughtering animals both within slaughterhouses and in other locations such as farms in order to ensure that animals are spared avoidable pain and suffering. The Regulations came into operation on 1 June 1995. In the Matter of Don Bluth Entertainment Ltd Supreme Court (Finlay CJ, Egan and Blayney JJ) [1994] 2 ILRM 436 Examinership - Liquidation - Borrow- ings by examiner - Liability incurred during protection period - Foreign currency debt - Loan made in US dollars - Whether debt should be converted into its Irish pound equivalent as of the date of commencement of liquidation or date on which it is to be discharged - Payment in full of remuneration, costs and expenses of examiner - Priority over other debts - Companies (Amendment) Act 1990, ss. 10, 29 In the matter of Gilt Construction Ltd High Court (O'Hanlon J) [1994] 2 ILRM 456 Winding-up - Voluntary liquidation - Whether court should halt voluntary liquidation - Conversion into a court liquidation - Basis on which court should replace voluntary liquidator - Companies Act 1963, s. 280 Clandown v. Brid Davis High Court (Morris J) [1994] 2 ILRM 536 Winding-up petition - Interlocutory COMPANY '

injunction - Whether petitioner a creditor of the company - Whether company disputing claim on bona fide grounds - Whether injunction to restrain publication of petition should be granted

ADMINISTRATIVE LAW

Harbours Bill 1995 This Bill, as presented by the Minister for the Marine, aims to provide for the setting up of State commercial companies to manage $nd operate the ports of Arklow, Cork, Drogheda, Dublin, Foynes, Galway, New Ross, Shannon, Waterford and Wicklow. These ports are, at present, managed by harbour authorities in accordance with the Harbours Act 1946. The Bill further aims to provide for the setting up of a State commercial company to manage and operate Dun Laoghaire harbour which is, at present, managed by the Department of the Marine. The Bill also aims to define the functions of the companies to be established and to revise the law relating to pilotage. Diseases of Animals Act 1966 (First Schedule) (Amendment) (No. 2) Order 1995 (SI No. 97 of 1995) This Order extends the definition of animal in the Diseases of Animals Act 1966 to include all animals not already covered in the First Schedule to the Act. Diseases of Animals (Protection of Animals During Transport) Order 1995 (SI No. 98 of 1995) This Order lays down the standards for the protection of animals during transport and gives effect to Council Directive No. 91/628/EEC (of 19 November 1991). The Order makes general provision for the welfare of animals, including rest periods and stipulations for feeding and watering, during transport by road, rail, sea or air and requires that the persons who are entrusted to transport animals possess the necessary knowledge to care for these animals. The Order came into operation on 2 May 1995. AGRICULTURE

CONSTITUTIONAL

F v. F, Ireland and the Attorney General High Court (Murphy J) [1994] 2 ILRM 401 Family - Marriage - Decree of judicial separation - Whether granting decree on ground that no normal marital relationship had existed for period of one year constituted too low a threshold - Whether decree amounted to an impediment to reconciliation - Whether the grant of right of residence in family home to one spouse amounted to an unjust attack on the other spouse's property rights - Presumption of constitutionality - Family Home Protection Act 1976 - Family Law Act 1988 - Judicial Separation and Family Law Reform Act 1989, ss. 2(1 )(f), 16(a) - Constitution of Ireland 1937, Articles 40.3.2, 41 Interpretation - Natural law - Rights which are superior to positive law - Whether the court can be asked to choose between differing views of the different religious denominations as to the nature and extent of natural rights - Rights deriving from the relationship of marriage - Whether such rights are absolute - Constitution of Ireland 1937, Article 40.3 Practice - Hearing of pro-ceedings in camera - Judicial Separation and Family Law Reform Act 1989, s. 34 Anthony Heaney and Or v. Ireland and the Attorney General High Court (Costello j) [1994] 2 ILRM 420 Right to silence - Right against self- incrimination - Statutory power to require that person in custody should

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