The Gazette 1995

GAZETTE

NOVEMBER 1995,

ILT DIGEST OF LEGISLATION AND REPORTED CASES Compiled by DAVID BOYLE

Forbairt and IDA Ireland. It is intended to permit these bodies to invest monies in funds aimed at the development of industry in general, as opposed to investment in specific companies. The Bill also aims to provide for the establishment and functions of County Enterprise Boards. This Bill, as presented by the Taoiseach, aims to make provision for the enforceability of netting, between two parties only, in relation to financial contracts in accordance with the terms of a netting agreement. Provision would also be made for the enforceability of setoff by those parties of the amounts due under such netting agreements in accordance with the terms of a master netting agreement and for the setoff of money or the proceeds of collateral provided solely in relation to any netting agreement or any master netting agreement in accordance with the terms of each. Netting of Financial Contracts Bill 1995 Constitution Bill 1995 This private member's Bill, as intro- duced by Mr John O'Donoghue, TD, aims to amend Article 40.1 of the Constitution by the addition of the following text after Article 40.1: 'Any person charged with an indictable offence may be remanded in custody pending trial if, on the hearing of an application for bail, the judge is 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. CONSTITUTIONAL Fifteenth Amendment of the

AGRICULTURE

ADMINISTRATIVE LAW

European Communities (Retirement of Farmers) Regulations 1995 (SI No. 129 of 1995) Article 13 of the Farmers Retirement Scheme provides that the annuity payable under the Scheme may be increased from time to time to take account of any increase in the Consumer Price Index. These Regulations increase the amount of the annuity from £3,504 to £3,592 for a married person whose spouse is alive and from £2,340 to £2,399 for a single person, widow or widower with effect from 1 May 1995. Casual Trading Bill 1994 This Bill, which was presented by the Minister for Enterprise and Employment, has been passed by Dáil Éireann. It aims to provide for the control and regulation of casual trading and introduces new provisions concerning the granting and display of casual trading licences. Investment Intermediaries Act 1995 (No. 11 of 1995) This Act was signed by the President on 22 June 1995. Cf. (1995) 13 ILT 177. Stock Exchange Act 1995 (No. 9 of 1995) This Act was signed by the President on 1 June 1995. Cf. (1995) 1 3 ILT 177. Industrial Development Bill 1995 This Bill, as presented by the Minister for Enterprise and Employment, aims to amend the Industrial Development Act 1993 in order to remove certain restrictions on the operations of 1 COMMERCIAL

Ethics in Public Office Bill 1994 This Bill was passed by Dáil Éireann on 14 June 1995. Cf. (1995) 13 ILT 145. An Bord Bia (Amendment) Bill 1995 This Bill, as presented by the Minister for Agriculture, Food and Forestry, aims to increase the membership of An Bord Bia and to provide that one ordinary member shall be appointed on the nomination of the Minister for the Marine. Electoral (Amendment) Bill 1995 This Bill, as presented by the Minister for the Environment, aims to revise the Dail constituencies in the light of the 1991 Census returns and to implement the recommendations contained "in the Report of the Dail Constituency Commission (dated 27 April 1995). The Bill, if passed, will fix at 166 the number of members of Dail Eireann after the next dissolution which is the same number as at present and is the number recommended by the Commission. This private member's Bill, as introduced by Ms Mary Wallace, TD, aims to aid the greater participation of people with disabilities in the electoral process by: (i) requiring (where possible) the location of polling stations in buildings which are accessible to wheelchair users; (ii) replacing the current special voter system with an extension of the postal voting system to people who, through physical illness or disability, are unable to attend at a polling station and, (iii) the inclusion of breach of secrecy of the postal ballot in the list of electoral offences. Electoral (Amendment) (No. 2) Bill 1995